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ACTS 


RESOLVES 


PASSED    BY    THE 


^mm\  (3{flttrt  of  Passaclmsdts 

IN   THE    YEAR 

1952 

TOGETHER   WITH 

TABLES  SHOWING  CHANGES  IN  THE  STATUTES,  ETC. 


PtTBLISHED    BY 


EDWARD  J.  CRONIN 
Secretary  of  the  Commonwealth 


BOSTON 
WRIGHT   &   POTTER  PRINTING    COMPANY 
1952 


ACTS  AND  RESOLVES 


OF 


MASSACHUSETTS 

1952 


The  General  Court,  which  was  chosen  November  7,  1950, 
assembled  on  Wednesday,  the  second  day  of  January-,  1952,  for  its 
second  annual  session. 

His  Excellency  Paul  A.  Dever  and  His  Honor  Charles  F. 
Jeff  Sullivan  continued  to  serve  as  Governor  and  Lieutenant 
Governor,  respectively,  for  the  political  year  of  1952. 


ACTS. 


An  Act  authorizing  the  town  of  natick  to  borrow  (J}iq^       \ 
money  for  school  purposes.  ^' 

Be  it  enacted  by  the  Senate  and  House  of  Representatives 
in  General  Court  assembled,  and  by  the  authority  of  the  same, 
as  follows: 

Section  1.  Section  1  of  chapter  23  of  the  acts  of  1949,  as 
amended  bj''  chapter  29  of  the  acts  of  1951,  is  hereby  further 
amended  by  striking  out,  in  Hues  6  and  7,  the  words  "one 
miUion  three  hundred  thousand"  and  inserting  in  place 
thereof  the  words:  —  five  milUon, — so  as  to  read  as  fol- 
lows :  —  Section  1 .  For  the  purpose  of  acquiring  land  for 
and  constructing  and  originally  equipping  and  furnishing 
school  buildings,  the  town  of  Natick  may  borrow,  from  time 
to  time,  within  a  period  of  ten  years  from  the  passage  of  this 
act,  such  sums  as  may  be  necessary,  not  exceeding  in  the  ag- 
gregate five  million  dollars,  and  may  issue  bonds  or  notes  of 
the  town  therefor  which  shall  bear  on  their  face  the  words, 
"Natick  School  Loan,  Act  of  1949".  Each  authorized  issue 
shall  constitute  a  separate  loan  and  such  loans  shall  be  paid 
in  not  more  than  twenty  years  from  their  dates.  Indebted- 
ness incurred  under  this  act  shall  be  in  excess  of  the  statu- 
tory limit  and  shall,  except  as  provided  herein,  be  subject  to 
chapter  fortj^-four  of  the  General  Laws,  including  the  limita- 
tion contained  in  the  first  paragraph  of  section  seven  thereof. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  January  16,  1952. 


An  Act  authorizing  the  submission  to  the  voters  of 
the  town  of  falmouth  of  the  question  of  the  ac- 
ceptance of  certain  provisions  of  law  regulating 
the  hours  of  duty  of  permanent  members  of  fire 
departments. 

Be  it  enacted,  etc.,  as  follows. 

Section  1.  Notwithstanding  any  contrary  provisions  of 
section  fifty-eight  A  of  chapter  forty-eight  of  the  General 
Laws,  the  question  of  the  acceptance  of  said  section  may  be 
submitted  for  acceptance  to  the  voters  of  the  town  of  Fal- 
mouth at  its  next  annual  town  meeting  in  the  form  of  the 
following  question,  which  shall  be  placed  upon  the  official 
ballot  to  be  used  for  the  election  of  toA^Ti  officers  at  said  meet- 
ing: —  "Shall  section  fifty-eight  A  of  chapter  forty-eight  of 
the  General  Laws,  providing  for  a  seventy-hour  week  for  per- 
manent members  of  the  fire  departments,  be  accepted?"    If 


Chap. 


4  Acts,  1952.  —  Chaps.  3,  4,  5. 

a  majority  of  the  votes  cast  in  answer  to  said  question  is  in 
the  affirmative,  said  section  fifty-eight  A  shall  take  effect  in 
said  town  ninety  days  thereafter. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  January  16,  1952. 

Chap.     3  An  Act  authorizing  the  use  of  facsimiles  of  the  signa- 
tures   OF    THE    CLERKS    OF    THE    SENATE    AND    HOUSE    OF 

representatives. 
E^^rgency  Whereas,  The  deferred  operation  of  this  act  would  prevent 

the  accomplishment  of  one  of  its  purposes,  which  is  to  pro- 
vide for  more  expeditious  handling  of  legislative  documents, 
therefore  it  is  hereby  declared  to  be  an  emergency  law,  nec- 
essary for  the  immediate  preservation  of  the  public  con- 
venience. 
Be  it  enacted,  etc.,  as  follows: 

EdVa^new  Chapter  3  of  the  General  Laws  is  hereby  amended  by  in- 

§  i2A.  added,  scrtiug  after  section  12  the  following  section :  —  Section  12 A. 
BignatureroT'  ^  Facsimiles  of  the  signatures  of  the  clerk  of  the  senate  and  the 
8e°naTe'derks  clcrk  of  the  housc  of  representatives  on  endorsements  of  bills, 
authorized.  '  rcports  of  committees  and  other  legislative  documents  shall 
have  the  same  validity  and  effect  as  their  written  signatures. 

Approved  January  21,  1952. 

Chap.     4  An  Act  authorizing  the  town  of  swampscott  to  borrow 

MONEY   FOR   SCHOOL   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  constructing  and  originally 
equipping  and  furnishing  an  addition  to  an  existing  school 
building  in  the  town  of  Swampscott,  said  town  may  borrow, 
from  time  to  time  within  a  period  of  five  years  from  the  pas- 
sage of  this  act,  such  sums  as  may  be  necessary,  not  exceed- 
ing, in  the  aggregate,  five  hundred  thousand  dollars,  and  may 
issue  bonds  or  notes  therefor,  which  shall  bear  on  their  face 
the  words,  Swampscott  School  Building  Loan,  Act  of  1952. 
Each  authorized  loan  shall  constitute  a  separate  loan,  and 
such  loans  shall  be  paid  in  not  more  than  twenty  years  from 
their  dates.  Indebtedness  incurred  under  this  act  shall  be 
in  excess  of  the  statutory  limit,  but  shall,  except  as  provided 
herein,  be  subject  to  chapter  forty-four  of  the  General  Laws, 
inclusive  of  the  limitation  contained  in  the  first  paragraph  of 
section  seven  thereof. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  January  23,  1952. 

Chap.     5  An  Act  relative  to  the  administration  of  municipal 
affairs  in  the  town  of  easthampton. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  contrary  provision  of 
chapter  twenty  of  the  acts  of  nineteen  hundred  and  eleven, 
or  of  any  other  provision  of  law,  all  the  powers,  rights,  duties 


Acts,  1952. —  Chap.  6. 

and  liabilities  of  boards,  commissions  and  oflScers  in  the  town 
of  Easthampton  shall,  on  and  after  the  effective  date  of  this 
act,  be  exercised,  performed  and  incurred  as  follows:  —  Those 
relating  to  highways,  town  ways,  bridges,  sidewalks,  guide 
posts,  monuments  at  the  termini  and  angles  of  roads,  sewers, 
drains,  street  watering,  water  pipes,  gas  pipes,  conduits,  and 
so-called  chapter  ninety  highway  construction  and  main- 
tenance, shall  be  exercised,  performed  and  incurred  by  the 
board  of  public  works;  those  relating  to  laying  out  and  dis- 
continuance of  ways  shall  be  exercised,  performed  and  in- 
curred by  the  planning  board ;  those  relating  to  street  light- 
ing, assessment  of  damages  and  betterments,  shade  trees, 
poles,  wires,  the  granting  of  locations,  rights  or  licenses  for 
structures  upon  private  land,  or  upon,  under  or  over  high- 
ways or  other  ways,  and  traffic  rules  and  regulations,  shall 
be  exercised,  performed  and  incurred  by  the  board  of  select- 
men; those  relating  to  public  squares  shall  be  exercised,  per- 
formed and  incurred  by  the  park  commission ;  and  those  re- 
lating to  playgrounds  shall  be  exercised,  performed  and 
incurred  by  the  recreation  committee. 

Section  2.  All  acts  and  proceedings  of  the  board  of  select- 
men, the  board  of  public  works  and  the  planning  board  of 
said  town  from  July  seventeenth,  nineteen  hundred  and  fifty 
to  the  effective  date  of  this  act,  in  so  far  as  they  may  be  in- 
valid by  reason  of  being  inconsistent  with  the  provisions  of 
chapter  twenty  of  the  acts  of  nineteen  hundred  and  eleven, 
or  any  other  provision  of  law,  are  hereby  ratified  and  con- 
firmed and  shall  have  the  same  eff'ect  and  validity  as  if  the 
provisions  of  this  act  had  been  in  effect  at  the  time  of  such 
acts  and  proceedings. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  January  26,  1952. 


An  Act  authorizing  annual  rentals  or  charges  for 

THE  use  of  the  SEWER  SYSTEM  OR  SYSTEMS  IN  THE  TOWN 
OF   STOUGHTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  86  of  the  acts  of  1911  is  hereby 
amended  by  inserting  after  section  7  the  following  section :  — 
Section  7 A.  Said  board  of  sewer  commissioners  may,  in  its 
discretion,  prescribe  for  the  users  of  said  sewer  system  or 
systems  such  annual  rentals  or  charges  based  on  the  benefits 
derived  therefrom  as  it  may  deem  proper.  All  charges  im- 
posed under  authority  of  this  section  shall,  from  the  time  of 
assessment,  constitute  a  lien  upon  the  land  connected  with 
the  common  sewer. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  January  26,  1952. 


Chap. 


6  Acts,  1952. —  Chaps.  7,  8,  9. 

Chap.     7  An  Act  authorizing  the  town  of  natick  to  vote  at  the 

BIENNIAL  STATE  ELECTION  IN  THE  CURRENT  YEAR  ON  THE 
QUESTION  OF  THE  ACCEPTANCE  OF  AN  ACT  TO  ESTABLISH 
IN  SAID  TOWN  REPRESENTATIVE  TOWN  GOVERNMENT  BY 
LIMITED  TOWN  MEETINGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  sections 
twelve  and  thirteen  of  chapter  two  of  the  acts  of  nineteen 
hundred  and  thirty-eight,  as  amended,  the  question  of  the 
acceptance  of  an  act  to  estabHsh  in  the  town  of  Natick  rep- 
resentative town  government  by  limited  town  meetings  shall 
be  submitted  to  the  registered  voters  of  said  town  at  the  bien- 
nial state  election  in  the  current  year  in  the  form  of  the  fol- 
lowing question  which  shall  be  placed  upon  the  official  ballot 
to  be  used  in  said  town  at  said  election:  —  "Shall  an  act 
passed  by  the  general  court  in  the  year  nineteen  hundred 
and  thirty-eight,  entitled  'An  Act  to  establish  in  the  town 
of  Natick  representative  town  government  by  limited  town 
meetings',  be  accepted  by  this  town?"  If  a  majority  of  the 
votes  in  answer  to  said  question  is  in  the  affirmative,  said 
act  shall  thereupon  take  etTect  for  all  purposes  incidental  to 
the  next  annual  town  election  in  said  town,  and  shall  take 
full  effect  beginning  with  said  election. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  January  26,  1952. 

Chap.     8  An  Act  authorizing  the  town  of  natick  to  use  certain 

PARK   LAND    FOR   SCHOOL    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Natick  is  hereby  authorized  to 
use  such  portion  of  Town  park,  also  known  as  Memorial  park, 
located  in  said  town  and  situate  between  West  street  and 
Dug  pond,  so  called,  as  the  town,  by  vote  passed  at  any  an- 
nual or  special  town  meeting  within  five  years  after  the  pas- 
sage of  this  act,  shall  determine,  for  the  erection  of  a  public 
school  building  or  for  other  school  uses,  and  for  all  purposes 
incidental  thereto;  and  after  such  vote,  such  portion  shall  be 
under  the  same  care  and  control  as  other  school  property. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  January  26,  1952. 

Chap.     9  An  Act  authorizing  the  barnstable  fire  district  to 

REIMBURSE  M.  JAMES  SPROUL  FOR  MONEY  EXPENDED  IN 
connection  with  the  INSTALLATION  OF  WATER  MAINS  IN 
SAID   DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Barnstable  fire  district  is  hereby  author- 
ized to  appropriate  the  sum  of  fourteen  hundred  and  forty- 
seven  dollars  and  thirty-four  cents  and  pay  the  same  to 


Acts,  1952. —  Chaps.  10,  11. 

M.  James  Sproul,  in  full  settlement  of  his  claim  against  said 
district  for  reimbursement  on  account  of  money  expended  bj'' 
him  in  connection  with  the  installation  of,  and  providing 
materials  for,  water  mains  in  the  Common  Fields  section  of 
the  towTi  of  Barnstable;  provided,  that  no  payment  shall  be 
made  hereunder  unless  and  until  said  M.  James  Sproul  shall 
have  released  to  said  district  by  proper  instrument  or  instru- 
ments all  right,  title  and  interest  he  may  have  in  said  water 
mains. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  January  26,  1952. 


An  Act  authorizing  the  centerville-osterville  fire  QJin^    in 

DISTRICT  TO   APPROPRIATE  AND   PAY   A   SUM   OF  MONEY  TO  ^' 

JOHN  B.  LEBEL  FOR  MONEY  EXPENDED  BY  HIM  FOR  A  WATER 
MAIN  EXTENSION  AND  THE  INSTALLATION  OF  A  HYDRANT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Centerville-Osterville  fire  district  is 
hereby  authorized  to  appropriate  the  sum  of  nine  hundred 
and  seventy-three  dollars  and  twenty-five  cents  and  pay  the 
same  to  John  B.  Lebel  to  reimburse  him  for  moneys  expended 
by  him  for  a  water  main  extension  and  the  installation  of  a 
hydrant  in  or  on  South  street,  a  private  way  in  said  district; 
provided,  that  no  payment  shall  be  made  hereunder  unless 
and  until  said  John  B.  Lebel  shall  have  released  to  said  dis- 
trict by  a  proper  instrument  all  right,  title  and  interest 
which  he  has  in  said  water  main  extension  and  hydrant,  nor 
unless  and  until  said  district  shall  have  received  or  acquired 
permanent  easements  for  the  operation  and  maintenance  of 
said  water  main  extension  in  or  on  the  aforesaid  private  way. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  January  26,  1952. 


An  Act  authorizing  the  town  of  falmouth  to  convey  Qhav    11 

certain   land   to    FALMOUTH   AMVETS,    POST    #70. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  to\vn  of  Falmouth  is  hereby  authorized 
to  convey,  in  consideration  of  one  dollar,  to  Falmouth  Am- 
vets,  Post  #70  that  parcel  of  land  on  the  westerly  side  of 
Palmer  avenue  owned  by  the  town  and  bounded  and  de- 
scribed substantially  as  follows :  — 

Easterly,  by  Palmer  avenue;  southerly,  by  land  of  John 
Giabbai  and  land  now  or  formerly  of  Joseph  Wood ;  westerly, 
by  said  land  now  or  formerly  of  Joseph  Wood,  and  northerly, 
by  land  now  or  formerly  of  Ellsworth  C.  Handy,  all  as 
shown  on  sheet  38  of  Falmouth  Maps. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  January  26,  1962. 


8  Acts,  1952.  — Chaps.  12,  13,  14. 

Chap.  12  An  Act  placing  the  office  of  the  chief  of  the  fire 
department  of  the  town  of  ludlow  under  the  civil 
service  laws. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  chief  of  the  fire  department  in 
the  town  of  Ludlow  shall,  upon  the  effective  date  of  this  act, 
become  subject  to  the  civil  service  laws  and  rules,  and  the 
tenure  of  office  of  any  incumbent  thereof  shall  be  unlimited, 
subject,  however,  to  said  laws,  but  the  person  holding  said 
office  on  said  effective  date  shall  continue  to  serve  therein; 
provided,  that  he  shall  pass  a  qualifying  examination  to 
which  he  shall  be  subjected  by  the  division  of  civil  service. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of 
said  town  at  the  next  annual  town  meeting  in  the  form  of  the 
following  question,  which  shall  be  placed  upon  the  official 
ballot  to  be  used  for  the  election  of  town  officers  at  said 
meeting:  "Shall  an  act  passed  by  the  General  Court  in  the 
year  nineteen  hundred  and  fifty-two,  entitled  '  An  Act  placing 
the  office  of  the  chief  of  the  fire  department  of  the  town  of 
Ludlow  under  the  civil  service  laws',  be  accepted?"  If  a 
majority  of  the  votes  in  answer  to  said  question  is  in  the 
affirmative,  then  this  act  shall  thereupon  take  full  effect,  but 
not  otherwise.  Approved  January  26,  1952. 

Chap.   13  An  Act  authorizing  the  inhabitants  of  the  town  of 

WATERTOWN  TO  SELL  THE  TOWN  INFIRMARY  AND  CERTAIN 
LAND  ADJACENT  THERETO. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Watertown 
are  hereby  authorized  to  sell,  dispose  of,  transfer  and  convey 
title  to  the  town  infirmary  and  the  whole  or  any  portion  of 
land  adjacent  thereto,  bounded  in  part  by  George  street, 
land  of  the  town  of  Watertown,  Bailey  avenue  and  Wilson 
avenue,  used  by  the  town  heretofore  in  connection  with  said 
infirmary  or  as  a  poor  farm  and  also  to  lay  out,  construct 
and  maintain  streets  or  public  ways  over  any  portion  of  said 
land  and  to  construct,  install,  lay  and  maintain  sewers, 
drains,  storm  water  drains  and  water  mains  in  any  streets 
or  public  ways  thereon. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  a  majority  of  the  town  meeting  members  present 
and  voting  thereon  at  an  annual  or  special  town  meeting 
called  for  the  purpose.  Approved  January  26,  1952. 

Chap.    14  An  Act  relative  to  the  issuance  of  certain  policies 

of  life  or  endowment  insurance  without  medical 

examination. 

Be  it  enacted,  etc.,  as  follows: 

G^L.  (Ter.  Scctiou  123  of  chapter  175  of  the  General  Laws  is  hereby 

§  i'23,  etc.,        amended  by  striking  out  the  second  paragraph,  as  appearing 

amended.         ^^  chaptci  186  of  the  acts  of  1943,  so  that  said  section  will 


Acts,  1952. —Chaps.  15,  16. 

read  as  follows:  —  Section  123.    No  life  company  shall  issue  issuance  of 

!•  riT  J  J.   •  'j-U'  certain  life 

any  policy  of  life  or  endowment  insurance  m  this  common-  insurance 
wealth  except  upon  a  written  application  therefor  signed  or  ^°gtj^t;d 
assented  to  in  writing  by  the  person  to  be  insured,  provided, 
that  such  a  company  may  issue  a  policy  on  the  life  of  a  minor 
under  the  age  of  fifteen  on  an  application  signed  by  the 
parent,  guardian  or  other  person  having  legal  custody  of 
such  minor. 

This  section  shall  not  apply  to  contracts  based  upon  the 
continuance  of  life,  such  as  annuity  or  pure  endowment  con- 
tracts, whether  or  not  they  embody  an  agreement  to  refund, 
upon  the  death  of  the  holder,  to  his  estate  or  to  a  specified 
payee,  any  sum  not  exceeding  the  premiums  paid  thereon 
with  compound  interest,  nor  shall  it  apply  to  contracts  of 
group  life  insurance. 

Any  company  violating  this  section,  or  anj^  officer,  agent  Penalty, 
or  other  person  soliciting  or  effecting,  or  attempting  to  effect, 
a  contract  of  insurance  contrary  to  the  provisions  hereof, 
shall  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars.  Approved  January  26,  1952. 


An  Act  relative  to  the  powers  of  certain  constables  Qfiav    15 
IN  relation  to  the  enforcement  of  motor  vehicle 

LAWS   and    regulations. 

Be  it  enacted,  etc.,  as  follows: 

The  sixth  sentence  of  section  29  of  chapter  90  of  the  Gen-  g  l.  (Ter. 
eral  Laws,  as  appearing  in  section  1  of  chapter  477  of  the  etc!, 'amended*, 
acts  of  1935,  is  hereby  amended  by  adding  at  the  end  the 
following  clause: —  ;  provided,  however,  that  no  constable 
or  special  constable  shall  stop  or  arrest  any  person  for  viola- 
tion of  a  motor  vehicle  law  unless  such  constable  or  special 
constable  is  in  uniform  or  displays  his  badge  conspicuously 
on  the  outside  of  his  outer  coat  or  garment. 

Approved  January  26,  1952. 


An  Act  authorizing  the  town  of  millis  to  use  certain  CJiav.   16 

PARK   LAND    FOR   SCHOOL   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Millis  is  hereby  authorized  to 
use  for  school  purposes  as  much  land  as  is  necessary  of  the 
public  park  contiguous  to  the  high  school  situated  off  Main 
street. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  said  town  at  its  next  annual  town  meeting. 

Approved  January  26,  1952. 


10  Acts,  1952.  — Chaps.  17,  18. 


Chap.   17  An  Act  authorizing  the  inhabitants  of  the  town  op 

WATERTOWN  TO  CONSTRUCT  AND  MAINTAIN  A  PARKING  LOT 
ON    CERTAIN   LAND    NOW    USED    FOR   A    TOWN    DUMP. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Watertown 
are  hereby  authorized  and  enabled  to  locate,  lay  out,  con- 
struct, use  and  maintain  the  whole  or  any  portion  or  portions 
of  the  land  heretofore  used  by  the  town  as  a  dump,  known  as 
McNamara  dump,  situated  in  that  portion  of  said  town  com- 
monly called  East  Watertown  and  bounded  in  part  by  Grove 
street,  Coolidge  avenue  and  Glen  road,  for  a  parking  lot  or 
lots  and  a  public  or  private  way  or  ways. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  a  majority  of  the  town  meeting  members  present 
and  voting  thereon  at  an  annual  or  special  town  meeting 
called  for  the  purpose.  Approved  January  26,  1952. 


Chap.   18  An  Act  authorizing  the  town  of  weymouth  to  use 

certain  LAND  NOW  HELD  FOR  PLAYGROUND  PURPOSES  FOR 
SCHOOL   PURPOSES. 

Be  it  enacted,  etc.,  as  follows. • 

Section  1.  The  town  of  Weymouth  is  hereby  authorized 
to  use  a  portion  of  the  following  described  parcel  of  land 
which  was  acquired  by  said  town  for  playground  purposes 
for  the  purposes  of  constructing  an  addition  to  the  James 
Humphrey  school :  —  Certain  land  lying  easterly  of  the 
grounds  of  the  James  Humphrey  school  and  containing  ap- 
proximately three  acres  bounded  southeasterly  in  part  by 
land  of  Dominick  Corbo  and  in  part  by  land  of  the  said 
school,  westerly  approximately  one  hundred  feet  by  Whit- 
man street;  northerly  approximately  one  hundred  sixty- 
five  feet  by  land  retained  by  Pasquale  Pepe;  westerly  again 
bound  one  hundred  feet  by  land  retained  by  said  Pasquale 
Pepe;  northeasterly  by  Randall  avenue  and  for  a  short 
distance  by  land  of  James  E.  Downs;  southeasterly  by 
land  of  Vincenzo  Cavallo  and  others;  land  of  John  Costa; 
and  land  of  Dominick  Corbo  and  also  another  piece  of  land 
adjoining  the  above  described  land  the  same  being  a  small 
triangle  belonging  to  Dominick  Corbo  and  also  certain  other 
land  lying  westerly  of  said  school  grounds  for  the  same  pur- 
pose containing  about  three  quarters  of  an  acre  belonging 
to  the  estate  of  Christopher  Skelley  bounded  southeasterly 
by  Lake  street  about  sixty-five  feet;  southeasterly  by  land 
formerly  of  said  Skelley  one  hundred  and  fifty  feet;  south- 
easterly again  by  land  formerly  of  said  Skelley  one  hundred 
feet;  southwesterly  again  by  a  private  way  about  one  hun- 
dred and  fifty-five  feet;  northwesterly  by  land  of  Pasquale 
Revale;  and  northeasterly  by  the  James  Humphrey  school 
playground. 


Acts,  1952. —Chaps.  19,  20.  11 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  a  majority  of  the  town  meeting  members  of  said 
town  present  and  voting  thereon  at  a  regular  or  special  town 
meeting,  but  not  otherwise.      Approved  January  26,  1952. 

An  Act  to  authorize  the  placing  of  the  office  of  Chap.   19 

CHIEF    of    police    OF    THE    TOWN    OF    MARSHFIELD    UNDER 
THE   CIVIL   SERVICE   LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  ofl&ce  of  chief  of  police  of  the  town  of 
Marshfield  shall,  upon  the  effective  date  of  this  act,  become 
subject  to  the  civil  service  laws  and  rules,  and  the  tenure  of 
office  of  any  incumbent  thereof  shall  be  unlimited,  subject, 
however,  to  said  laws.  The  incumbent  of  said  office  on  said 
effective  date  shall  be  subjected  to  a  qualifying  examination 
for  said  office  by  the  division  of  civil  service.  If  said  incum- 
bent passes  said  examination  he  shall  be  certified  for  said 
office  and  shall  be  deemed  to  be  permanently  appointed 
thereto  without  serving  any  probationary  period,  and  his 
tenure  of  office  shall  be  unlimited,  subject,  however,  to  the 
provisions  of  said  laws. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of 
said  town  at  the  annual  town  meeting  in  the  current  year  in 
the  form  of  the  following  question,  which  shall  be  placed 
upon  the  official  ballot  to  be  used  for  the  election  of  town 
officers  at  said  meeting:  —  "Shall  an  act  passed  by  the 
General  Court  in  the  year  nineteen  hundred  and  fifty-two, 
entitled  'An  Act  to  authorize  the  placing  of  the  office  of 
chief  of  police  of  the  town  of  Marshfield  under  the  civil 
service  laws',  be  accepted?"  If  a  majority  of  the  votes  in 
answer  to  said  question  is  in  the  affirmative,  this  act  shall 
take  full  effect,  but  not  otherwise. 

Approved  Janitary  28,  1952. 

An   Act  to   establish   the   selectmen-town   manager  Phn^    20 

FORM    OF   GOVERNMENT   IN   THE  TOWN   OF   DEDHAM.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Acceptance.  —  This  act  shall  be  submitted 
for  acceptance  to  the  qualified  voters  of  the  town  of  Dedham 
at  the  first  annual  town  election  after  passage  of  this  act,  in 
the  form  of  the  following  question  which  shall  be  placed  upon 
the  ballot  at  said  election:  "Shall  an  act  passed  by  the  Gen- 
eral Court  in  the  year  nineteen  hundred  and  fifty-two  en- 
titled 'An  Act  to  Establish  the  Selectmen-Town  Manager 
Form  of  Government  in  the  Town  of  Dedham',  be  accepted 
by  the  town?"  If  a  majority  of  the  voters  voting  on  this 
question  shall  vote  in  the  affirmative,  said  act  shall  take 
effect  immediately  for  the  purposes  of  the  next  annual  town 
election,  and  shall  take  full  effect  beginning  with  said  next 
election.    If  this  act  is  rejected  when  so  submitted  it  shall  be 


12  Acts,  1952. —  Chap.  20. 

again  submitted  at  the  next  following  annual  town  election 
and  if  accepted  shall  take  effect  as  hereinbefore  provided.  If 
rejected  for  the  second  time  it  shall  become  void. 

Section  2.  Election  of  Selectmen.  —  At  the  first  annual 
town  election  following  acceptance  of  this  act,  the  qualified 
voters  of  the  town  of  Dedham  shall  elect  five  selectmen,  of 
whom  two  shall  serve  for  terms  of  three  years,  two  for  two 
years  and  one  for  one  year.  At  each  annual  town  election 
thereafter  the  voters  shall  elect  in  place  of  those  selectmen 
whose  terms  are  about  to  expire  an  equal  number  of  select- 
men to  serve  for  terms  of  three  years.  The  selectmen  in 
office  at  the  time  of  said  first  election  and  at  the  time  of  each 
subsequent  election  shall  continue  in  office  until  their  suc- 
cessors are  elected  and  qualified. 

Section  3.  Duties  of  Selectmen.  —  The  selectmen  shall 
have  and  exercise  all  of  the  powers,  duties  and  responsibilities 
now  or  hereafter  conferred  or  imposed  upon  boards  of  select- 
men by  any  provision  of  law,  except  as  otherwise  specifically 
provided  by  this  act.  The  selectmen  shall  be  responsible  for 
formulating  a  general  policy  for  administering  the  affairs  of 
the  town.  They  may  advise  the  town  manager  in  any  mat- 
ters pertaining  to  the  duties  of  his  office.  They  shall  be  re- 
sponsible for  the  furnishing  of  information  to  the  voters  and 
the  public  as  to  the  affairs  of  the  town,  and  may  represent 
the  town  at  public  gatherings.  The  selectmen  shall  require 
the  town  manager  to  prepare  for  their  approval,  and  they 
shall  adopt,  subject  to  amendment  from  time  to  time  in  like 
manner,  a  code  for  the  administration  of  the  town  of  Ded- 
ham respecting  any  matters  pertaining  to  the  organization 
of  departments,  offices,  boards  or  committees  under  the  con- 
trol of  the  town  manager  and  the  procedures  employed  in 
the  administration  thereof.  The  selectmen  shall  receive  such 
compensation,  if  any,  as  the  town  may  by  vote  determine. 

Section  4.  Appointments  by  Selectmen.  —  The  selectmen 
shall  appoint,  and  may  remove  for  cause,  a  town  manager  as 
hereinafter  provided,  a  board  of  appeal,  constables,  regis- 
trars of  voters,  election  officers  except  the  town  clerk,  and 
the  trustees  of  trust  funds  not  otherwise  provided  for. 

Section  5.  Effect  on  Applicability  of  Laws  and  By-Laws; 
Contracts.  —  Nothing  in  this  act  shall  be  construed  to  affect 
in  any  manner  the  operation  or  applicability  to  the  town  of 
Dedham  of  any  general  or  special  law  now  or  hereafter  in 
effect,  except  so  far  as  may  be  expressly  provided  herein. 
Any  by-laws  in  effect  at  the  time  of  acceptance  of  this  act, 
in  so  far  as  they  are  consistent  with  the  provisions  thereof, 
shall  not  be  affected  thereby,  but  any  such  by-laws,  or  por- 
tions thereof,  inconsistent  therewith  shall  be  annulled.  No 
contract  existing  and  no  action  at  law  or  suit  in  equity  or 
other  proceeding  pending  at  the  time  this  act  is  accepted  or 
at  the  time  of  revocation  of  such  acceptance  shall  be  affected 
by  such  acceptance  or  revocation. 

Section  6.  Election  of  Town  Meeting  Members  and 
Officers.  —  At  said  first  annual  town  election,  and  annually 


Acts,  1952. —  Chap.  20.  13 

thereafter,  the  voters  shall  continue  to  elect  town  meeting 
members,  a  moderator,  a  school  committee,  members  of  the 
Dedham  housing  authority  and  a  board  of  selectmen  as  pro- 
vided in  section  two;  and  unless  otherwise  provided  by  by- 
law, the  moderator  shall  continue  to  appoint  a  finance  com- 
mittee and  such  other  committees  as  the  town  may  authorize. 

Any  person  elected  or  appointed  for  a  specific  term  of  years 
to  any  office,  board,  commission  or  committee  continued  by 
this  act  and  holding  such  office  at  the  time  of  acceptance  of 
this  act  shall  be  entitled  to  remain  in  the  employ  of  the  town 
until  the  expiration  of  his  term.  Every  elective  or  appointive 
office,  board,  commission  or  committee  not  continued  by 
this  act  shall  be  terminated  as  hereinafter  provided,  any 
other  provision  of  the  law  to  the  contrary  notwithstanding. 
The  term  of  office  of  any  person  elected  to  any  office,  board 
or  commission  existing  at  the  time  of  such  acceptance  and 
terminated  hereunder  shall  continue  until  the  election  next 
following  such  acceptance  and  until  the  appointment  and 
qualification  of  his  successor,  if  any,  and  thereafter  the  said 
oJSices,  boards  or  commissions  may  be  terminated,  under  the 
provisions  of  section  fourteen,  and  all  powers,  duties  and 
obligations  conferred  or  imposed  thereon  by  law,  except  as 
hereinafter  provided,  shall  be  conferred  and  imposed  upon 
the  selectmen  and  exercised  by  the  town  manager. 

Section  7.  School  Committee.  —  Nothing  in  this  act 
shall  be  construed  to  affect  the  powers  and  duties  of  the 
school  committee  as  provided  by  law;  provided,  however, 
that  said  committee  may  make  an  agreement  with  the  select- 
men whereby  the  town  manager  shall  be  assigned  responsi- 
bility for  the  maintenance  or  repair  of  school  buildings  or 
grounds,  the  purchase  of  any  supplies  or  equipment,  or  the 
preparation  of  any  plans  for  construction  or  improvement  of 
school  buildings  or  property  or  the  supervision  of  such  work. 

Section  8.  Powers  and  Duties  of  Certain  Officers.  — 
Ofiicers,  boards,  commissions  and  committees  under  the 
supervision  of  the  town  manager  shall  possess  all  the  powers 
and  rights  and  shall  be  subject  to  all  the  duties  and  liabilities 
specifically  conferred  or  imposed  by  any  applicable  provision 
of  law  upon  them  or  upon  officers,  boards,  commissions  or 
committees  having  corresponding  powers  and  duties,  but  in 
the  performance  thereof,  they  shall  be  subject  to  the  general 
supervision  of  the  town  manager.  They  shall  be  sworn  to 
the  faithful  performance  of  their  duties  by  the  chairman  of 
the  selectmen  or  by  a  justice  of  the  peace. 

Section  9.  Multiple  Offices.  —  The  town  manager,  or  a 
member  of  the  board  of  selectmen  or  of  the  school  committee 
or  of  the  finance  committee  shall,  during  the  term  for  which 
he  was  elected  or  appointed,  be  ineligible  either  by  election 
or  appointment  to  hold  any  other  town  office  or  employment. 
The  town  accountant  shall  not  be  eligible  to  hold  the  posi- 
tion of  town  treasurer  or  the  position  of  town  collector. 

Section  10.  Appointment  of  Town  Manager.  —  Forth- 
with after  the  election  of  the  selectmen  first  elected  under 


14  Acts,  1952. —  Chap.  20. 

the  provisions  of  this  act,  or  after  a  vacancy  occurs  in  the 
office  of  town  manager,  the  selectmen  shall  appoint,  for  a 
term  of  three  years,  a  town  manager  who  shall  be  a  person 
especially  fitted  by  education,  training  and  experience  to 
perform  the  duties  of  the  office.  He  need  not  be  a  resident 
of  the  town  or  of  this  commonwealth  when  appointed  but 
shall,  if  so  requested  by  the  board  of  selectmen,  reside  in  the 
town  during  his  term  of  office.  He  shall  not  during  one  year 
prior  to  his  appointment  have  held  any  elective  office  in  the 
town  of  Dedham.  He  may  be  appointed  for  successive  terms 
of  office.  Before  entering  upon  the  duties  of  his  office  the 
town  manager  shall  be  sworn  to  the  faithful  and  impartial 
performance  thereof  by  the  chairman  of  the  selectmen. 

Section  11.  Appointment  of  Temporary  Manager.  — 
Pending  the  appointment  of  a  town  manager  or  the  filling  of 
any  vacancy,  or  during  any  suspension  of  a  town  manager, 
the  selectmen  shall  appoint,  for  a  period  not  exceeding  a 
total  of  ninety  days,  a  suitable  person  to  perform  the  duties 
of  the  office. 

Section  12.  Removal  of  Manager. — The  selectmen,  bj'^ 
an  affirmative  vote  of  at  least  three  members  of  the  board, 
may  remove  the  town  manager  by  written  notice  delivered 
to  him  forthwith  and  to  become  effective  in  thirty  days  from 
the  date  of  said  notice,  copy  of  which  shall  be  filed  with  the 
town  clerk,  setting  forth  in  detail  the  specific  reasons  for  his 
removal. 

The  manager,  in  writing  within  the  said  thirty  days,  may 
request  a  public  hearing.  If  the  manager  so  requests,  the 
board  of  selectmen  shall  hold  a  public  hearing  not  earlier 
than  twenty  days  nor  later  than  thirty  days  following  re- 
ceipt of  such  request.  After  such  public  hearing,  if  any,  and, 
after  full  consideration,  the  selectmen,  by  an  affirmative 
vote  of  at  least  three  members  of  the  board,  may  adopt  a 
final  resolution  of  removal  which  shall  become  effective 
forthwith.  If  such  final  resolution  is  not  so  adopted  by  the 
board  of  selectmen,  any  suspension  hereunder  shall  be  ter- 
minated and  the  town  manager  shall  continue  in  office  as 
though  no  action  for  removal  had  taken  place. 

The  selectmen  may,  at  any  time  after  a  notice  of  removal 
has  been  delivered,  suspend  the  manager  from  duty,  but 
shall  in  any  case  cause  to  be  paid  to  him  forthwith  any  ac- 
crued salary  and  may  at  their  discretion  pay  his  salary  for  a 
period  not  exceeding  three  months  following  the  notice  of 
his  removal. 

Section  13.  Compensatian  of  Manager.  —  The  town 
manager  shall  receive  such  compensation,  not  exceeding  the 
amount  appropriated  therefor,  as  the  selectmen  shall  de- 
termine. 

Section  14.  Powers  and  Duties  of  Manager.  —  In  addi- 
tion to  any  specific  powers  and  duties  provided  in  this  act 
the  town  manager  shall  have  the  general  powers  and  duties 
enumerated  in  this  section :  — 

(a)  The  town  manager  shall  be  responsible  for  super- 


Acts,  1952.  —  Chap.  20.  15 

vising  the  administration  of  all  departments  and  activities 
of  the  town  except  those  headed  by  officers,  boards,  com- 
mittees or  commissions  elected  by  the  voters  or  appointed  by 
the  selectmen  or  by  the  moderator. 

(b)  The  town  manager,  in  accordance  with  the  provisions 
of  this  act  and  except  as  otherwise  expressly  prohibited  by 
the  General  Laws,  may  reorganize,  consolidate  or  abolish 
departments,  commissions,  boards  or  offices  under  his  super- 
vision, in  whole  or  in  part,  may  establish  such  new  depart- 
ments, commissions,  boards  or  offices  as  he  deems  necessary, 
and,  in  so  doing,  may  transfer  the  duties  and  powers  and,  so 
far  as  possible  in  accordance  with  the  vote  of  the  town,  the 
appropriation  of  one  department,  commission,  board  or 
office  to  another. 

(c)  Except  as  otherwise  provided  by  this  act,  the  town 
manager  shall  appoint  upon  merit  and  fitness  alone,  for  such 
terms  of  office,  if  any,  as  he  may  deem  appropriate,  and  may 
for  cause,  subject  to  the  provisions  of  chapter  thirty-one  of 
the  General  Laws,  where  applicable,  remove:  a  town  clerk, 
a  town  counsel,  a  board  of  assessors,  a  treasurer,  a  town 
collector,  a  director  of  public  works,  a  board  of  health,  a 
board  of  public  welfare,  a  board  of  tiTistees  of  the  public 
library,  a  chief  of  the  fire  department,  a  chief  of  the  police 
department,  a  planning  board  and  such  other  officers  and 
employees  as  he  may  deem  necessary  to  carry  out  the  powers 
and  duties  imposed  upon  him  by  this  act,  except  that  each 
department  head  may  appoint  and  remove  employees  in  his 
department. 

Officers  and  employees  not  subject  to  chapter  thirty-one 
of  the  General  Laws  may  be  suspended  from  duty  but  shall 
not  be  removed  by  the  town  manager  or  any  department  head 
except  on  thirty  days'  notice  in  writing  setting  forth  the 
cause  of  such  removal.  Such  officer  or  employee  shall,  during 
said  thirty  days,  have  the  right  of  appeal  to  the  board  of 
selectmen  which  shall  act  as  a  board  of  appeal,  and  said 
board  shall,  after  full  consideration,  make  a  decision  which 
shall  be  final. 

(d)  The  town  manager  shall  fix  the  compensation  of  all 
town  officers  and  employees  within  the  scope  of  his  super- 
vision, subject  to  any  applicable  provisions  of  chapter  thirty- 
one,  and,  if  applicable,  of  section  one  hundred  and  eight  A  of 
chapter  forty-one  of  the  General  Laws. 

(e)  It  shall  be  the  duty  of  the  town  manager  to  attend  all 
regular  meetings  of  the  board  of  selectmen  except  meetings 
at  which  his  removal  is  being  considered. 

(/)  The  town  manager  shall  keep  full  and  complete 
records  of  his  office,  and  shall  render  as  often  as  may  be  re- 
quired by  the  selectmen  a  full  report  of  any  operations  under 
his  supervision. 

(g)  The  to\\Ti  manager  shall  keep  the  selectmen  fully  ad- 
vised as  to  the  needs  of  the  town  and  shall  recommend  to  the 
selectmen  for  adoption  such  measures  requiring  action  by 
them  or  by  the  town  as  he  may  deem  necessary  or  expedient. 


16  Acts,  1952.  —  Chap.  20. 

(h)  The  town  manager  shall  have  jurisdiction  over  and  be 
responsible  for  the  planning,  construction,  reconstruction, 
alteration,  repair,  improvement,  use  and  rental  of  all  town 
property  except  as  hereinbefore  provided  with  respect  to 
schools  and  except  as  otherwise  specifically  voted  by  the 
town. 

(i)  Except  as  otherwise  provided  by  this  act,  the  town 
manager  shall  purchase  all  supplies,  materials  and  equip- 
ment, and  shall  award  all  contracts  for  all  departments  and 
activities  of  the  town;  provided,  however,  that  any  such 
contract  involving  an  amount  in  excess  of  five  thousand  dol- 
lars shall  be  subject  to  the  approval  of  the  board  of  selectmen. 

(j)  The  town  manager  shall  administer,  either  directly  or 
through  a  person  or  persons  appointed  by  him  in  accordance 
with  this  act,  all  provisions  of  general  and  special  law  ap- 
plicable to  the  town  of  Dedham  and  all  by-laws  of  the  town, 
within  the  scope  of  his  duties,  and  all  regulations  by  the 
selectmen. 

(k)  The  town  manager  shall,  with  the  approval  of  the 
selectmen,  have  the  authority  to  prosecute,  defend  and  com- 
promise all  litigation  to  which  the  town  is  a  party,  and  to 
employ  special  counsel  whenever  in  his  judgment  it  may  be 
necessary. 

(I)  The  town  manager  shall  perform  such  other  duties, 
consistent  with  his  office,  as  may  be  required  of  him  by  the 
by-laws  or  vote  of  the  town  or  by  vote  of  the  selectmen. 

(w)  The  town  manager  shall  have  access  to  all  town  books, 
records  and  papers  for  information  necessary  for  the  proper 
performance  of  his  duties.  He  may  without  notice  cause  the 
affairs  of  any  department  or  activity  under  his  control  or 
the  conduct  of  any  officer  or  employee  appointed  by  him  to 
be  examined. 

Section  15.  Designation  of  Acting  Manager.  —  The  town 
manager  shall,  by  letter  filed  with  the  town  clerk,  designate 
a  qualified  employee  of  the  town,  subject  to  the  approval  of 
the  selectmen,  to  perform  his  duties  during  his  temporary 
absence  or  disability.  In  the  event  the  manager  should  fail 
to  make  such  designation,  the  selectmen  shall  so  designate  a 
qualified  town  employee  to  perform  the  duties  of  the  town 
manager  until  he  shall  return  or  his  disability  shall  cease. 

Section  16.  Approval  of  Warrants.  —  Warrants  for  the 
payment  of  all  town  funds  prepared  by  the  town  accountant 
in  accordance  with  the  provisions  of  section  fifty-six  of  chap- 
ter forty-one  of  the  General  Laws  shall  be  submitted  to  the 
board  of  selectmen.  The  approval  of  any  such  warrant  by 
the  board  of  selectmen  shall  be  sufficient  authority  to  au- 
thorize payment  by  the  town  treasurer.  The  board  of  select- 
men may,  at  their  discretion,  delegate  to  the  manager  the 
authority  to  approve  the  said  warrants. 

Section  17.  Investigation  of  Claims.  —  Whenever  any 
claim  against  the  town  is  presented,  the  town  manager  shall, 
if  the  same  seems  to  him  to  be  valid,  not  excessive  in  amount, 
or  otherwise  contrary  to  the  interests  of  the  town,  approve  it. 


Acts,  1952.  — Chap.  20.  17 

Otherwise  he  shall  refer  it  to  the  selectmen  who  shall  imme- 
diately investigate  the  facts  and  determine  what,  if  any, 
payment  should  be  made.  Pending  such  investigation  and 
determination  by  the  selectmen,  payment  shall  be  withheld. 

Section  18.  Contracts  of  Toivn  Officers  with  the  Town.  — 
It  shall  be  unlawful  for  any  selectman,  the  town  manager, 
or  any  other  elective  or  appointive  official  of  the  town, 
directly  or  indirectly,  to  make  a  contract  with  the  town,  or 
to  receive  any  commission,  discount,  bonus,  gift,  contribu- 
tion or  reward  from,  or  any  share  in  the  profits  of,  any  per- 
son or  corporation  making  or  performing  such  a  contract, 
unless  the  official  concerned,  inunediately  upon  learning  of 
the  existence  of  such  contract,  or  that  such  a  contract  is  pro- 
posed, shall  notify  the  selectmen  in  writing  of  the  contract 
and  of  the  nature  of  his  interest  therein  and  shall  abstain 
from  doing  any  ofiicial  act  on  behalf  of  the  town  in  reference 
thereto.  In  case  such  interest  exists  on  the  part  of  an  officer 
whose  duty  it  is  to  make  such  a  contract  on  behalf  of  the 
town,  the  contract  may  be  made  by  another  officer  of  the 
town  duly  authorized  thereto  by  vote  of  the  selectmen. 
Violation  of  any  provision  of  this  section  shall  render  the 
contract  in  respect  to  which  such  violation  occurs  voidable 
at  the  option  of  the  town. 

Section  19.  Annual  Budget.  —  All  officers,  boards  and 
commissions,  except  the  school  committee,  of  the  town  shall 
submit  to  the  town  manager  in  writing  detailed  estimates  of 
appropriations  required  for  the  efficient  and  proper  conduct 
of  their  respective  departments  and  offices  and  such  further 
information,  in  such  form  and  at  such  times,  as  the  manager 
may  require.  Not  less  than  thirty  days  prior  to  the  date 
set  by  the  finance  committee  each  year  for  review  of  the 
annual  budget,  the  town  manager  shall  prepare  and  submit 
to  the  finance  committee  a  budget  for  the  ensuing  year  and 
any  supplementary  information  in  such  form  and  detail  as 
they  deem  necessary  or  the  town  may  require  by  by-law. 

Section  20.  Investigations  or  Surveys.  —  For  the  purpose 
of  making  investigations  or  surveys,  the  town  manager  may 
expend  such  sums  for  the  employment  of  experts,  counsel 
and  other  assistants,  and  for  other  expenses  in  connection 
therewith,  as  the  town  may  appropriate  for  such  purpose. 

Section  21.  Revocation.  —  At  any  time  after  the  expira- 
tion of  three  years  from  the  date  of  acceptance  of  this  act, 
a  petition  signed  by  not  less  than  ten  per  cent  of  the  regis- 
tered voters  of  the  town  may  be  filed  with  the  selectmen,  re- 
questing that  the  question  of  revoking  the  acceptance  of 
this  act  be  submitted  to  the  voters  at  the  following  annual 
town  election.  The  selectmen  shall  thereupon  direct  the 
town  clerk  to  cause  the  said  question  to  be  printed  on  the 
official  ballot  to  be  used  at  the  next  annual  town  election  in 
the  following  form:  —  "Shall  the  acceptance  by  the  town  of 
Dedham  of  an  act  passed  by  the  General  Court  in  the  year 
nineteen  hundred  and  fifty- two,  entitled  'An  Act  to  establish 
the  Selectmen-Town  Manager  Form  of  Government  in  the 


18  Acts,  1952. —  Chap.  21. 

Town  of  Dedham',  be  revoked?"  If  such  revocation  is 
favored  by  a  majority  of  the  voters  voting  thereon,  this  act 
shall  cease  to  be  operative  on  and  after  the  next  annual  town 
election  except  as  hereinafter  provided.  All  general  laws 
respecting  town  administration  and  town  officers,  and  any 
special  laws  relative  to  said  town,  the  operation  of  which  has 
been  suspended  or  superseded  by  acceptance  of  this  act,  shall 
be  revived  forthwith  for  the  purposes  of  the  next  following 
town  election  and  shall  be  revived  in  their  entirety  on  and 
after  said  election.  By-laws  in  force  when  such  revocation 
takes  effect,  so  far  as  they  are  consistent  with  general  laws 
respecting  town  administration  and  town  officers  and  with 
special  laws  relating  to  said  town,  shall  not  be  affected 
thereby,  but  any  other  by-laws  inconsistent  with  such  gen- 
eral or  special  laws  shall  be  annulled.  If  such  revocation  is 
not  favored  by  a  majority  of  the  voters  voting  thereon,  no 
further  petition  therefor  shall  be  filed  under  this  section 
oftener  than  once  in  every  three  years  thereafter. 

Approved  January  30,  1952. 


Chap.  21  An  Act  authorizing  the  placing  of  the  office  of  chief 
OF  police  of  the  town  of  north  reading  under  the 
CIVIL  service  laws. 

Be  it  eruLcted,  etc.,  as  follows: 

Section  1.  The  office  of  chief  of  police  of  the  town  of 
North  Reading  shall,  upon  the  effective  date  of  this  act,  be- 
come subject  to  the  civil  service  laws  and  rules  relating  to 
police  officers  in  towns  and  the  tenure  of  office  of  any  in- 
cumbent thereof  shall  be  unlimited,  subject,  however,  to 
said  laws  and  rules.  The  incumbent  of  said  office  on  Janu- 
ary first,  nineteen  hundred  and  fifty-two,  shall  be  subjected 
to  a  qualifying  examination  for  said  office  by  the  division  of 
civil  service.  If  said  incumbent  passes  said  examination,  he 
shall  be  certified  for  said  office  and  shall  be  deemed  to  be 
permanently  appointed  thereto  without  serving  any  pro- 
bationary period,  and  his  tenure  of  office  shall  be  unlimited, 
subject,  however,  to  the  provisions  of  said  laws  and  rules. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of 
said  town  at  the  annual  town  meeting  or  a  special  town 
meeting  in  the  current  year  in  the  form  of  the  following 
question,  which  shall  be  placed,  in  the  case  of  an  annual 
meeting,  upon  the  official  ballot  to  be  used  for  the  election  of 
town  officers  at  said  meeting,  or  in  case  of  a  special  town 
meeting,  upon  the  ballot  to  be  used  at  said  meeting :  — 
"Shall  an  act  passed  by  the  General  Court  in  the  year 
nineteen  hundred  and  fifty-two,  entitled  'An  Act  Authorizing 
the  Placing  of  the  Office  of  Chief  of  Police  of  the  Town  of 
North  Reading  under  the  Civil  Service  Laws,'  be  accepted?" 
If  a  majority  of  the  votes  in  answer  to  said  question  is  in  the 
,  affirmative,  this  act  shall  take  full  effect,  but  not  otherwise. 

Approved  January  30,  1952. 


Acts,  1952.  —  Chaps.  22,  23.  19 

An  Act  authorizing  the  town  of  nantucket  to  borrow  (jJmj)    22 

MONEY    FOR   SCHOOL   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Nantucket  is  hereby  authorized 
to  place  on  the  official  ballot  to  be  used  at  the  annual  town 
election,  or  at  a  special  town  election  called  for  the  purpose, 
in  said  town  in  the  current  year,  the  following  question :  — 
"Shall  the  town  vote  to  raise  and  appropriate  the  sum  of 
eight  hundred  thousand  dollars  for  the  purpose  of  construct- 
ing a  high  school  building  or  buildings,  according  to  plans 
and  specifications  drawn  by  the  firm  of  Anderson-Nichols  & 
Company  of  Boston,  on  land  owned  by  the  town,  and  for 
originally  equipping  and  furnishing  said  building  or  build- 
ings: to  appropriate  the  sum  of  twenty  thousand  dollars 
from  the  excess  and  deficiency  account;  and  to  authorize 
the  treasurer,  with  the  approval  of  the  selectmen,  to  borrow 
the  sum  of  five  hundred  thousand  dollars  under  authority  of 
chapter  forty-four  of  the  General  Laws  and  the  sum  of  two 
hundred  and  eighty  thousand  dollars  under  authority  of  chap- 
ter six  hundred  and  forty-five  of  the  acts  of  nineteen  hundred 
and  forty-eight,  as  amended  by  chapter  four  hundred  and 
forty-seven  of  the  acts  of  nineteen  hundred  and  fifty-one, 
and  to  issue  bonds  or  notes  of  the  town  therefor,  said  bonds 
or  notes  to  be  payable  in  accordance  with  the  provisions  of 
chapter  forty-four  of  the  General  Laws  so  that  the  whole 
loan  shall  be  paid  in  not  more  than  twenty  years  from  date 
of  issue  of  the  first  bond  or  note?  "  If  two  thirds  of  the  votes 
on  said  question  are  in  the  affirmative,  the  appropriation  of 
eight  hundred  thousand  dollars  for  the  above  purposes  shall 
take  effect  forthwith ;  but  not  otherwise. 

Section  2.  Any  action  taken  by  the  town  of  Nantucket 
at  a  meeting  during  the  current  year  shall  be  as  valid  and 
effective  as  though  this  act  were  in  full  force  and  effect  at 
the  time  of  the  posting  of  the  warrant  for  said  meeting. 

Approved  January  31,  1952. 


An  Act  authorizing  the  town  of  wayland  to  use  cer-  (Jfiap    23 
tain  park  land  for  school  purposes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Wayland  is  hereby  authorized 
to  use  for  school  and  school  yard  purposes  an  additional  por- 
tion of  the  town  playground,  so  called,  located  in  the  center 
of  said  town  adjacent  to  a  portion  of  said  playground  now 
being  used  for  school  purposes  under  authority  granted  by 
chapter  forty-nine  of  the  acts  of  nineteen  hundred  and  thirty- 
four  and  chapter  tliree  hundred  and  fourteen  of  the  acts  of 
nineteen  hundred  and  forty-eight,  said  additional  portion 
being  bounded  and  described  as  follows:  — 

Beginning  at  the  southwesterly  corner  of  property  of  Allen 
H.  Morgan,  thence  running  southwesterly,  by  park  land  three 


20  Acts,  1952. —  Chaps.  24,  25. 

hundred  and  fifty-two  and  thirty-six  hundredths  feet  to  a 
point;  thence  running  northwesterly,  by  park  land  five  hun- 
dred and  twenty-eight  and  ninety-two  hundredths  feet  to  a 
point;  thence  running  southeasterly,  by  school  land  of  the 
town  of  Way  land  four  hundred  and  sixty-four  feet  to  a  point; 
thence  running  northeasterly,  by  said  school  land  two  hun- 
dred and  sixteen  and  sixteen  hundredths  feet  to  the  point  of 
beginning;  all  as  shown  on  a  plan  entitled  "Plan  of  Land  in 
Wayland,  Mass.  Park  Land  to  be  Used  for  School  Purposes" 
dated  Dec.  4,  1951  by  Everett  M.  Brooks  Co.,  Civil  Engi- 
neers, to  be  recorded. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  4,  1962. 


Chap.  24  An  Act  authorizing  the  town  of  wayland  to  use  cer- 
tain  PARK   LAND   FOR   CEMETERY   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Wayland  is  hereby  authorized 
to  use  for  cemetery  purposes  a  portion  of  the  park  land  lo- 
cated adjacent  to  Lakeview  cemetery  in  said  town,  said  por- 
tion being  bounded  and  described  as  follows :  — 

Beginning  at  the  southwesterly  corner  thereof  at  the  in- 
tersection of  land  of  Lakeview  cemetery,  of  the  Common- 
wealth of  Massachusetts,  and  of  said  park  land;  thence 
running  northeasterly,  by  said  Lakeview  cemetery  about 
three  hundred  and  thirty  feet  to  a  corner;  thence  running 
northerly,  by  said  Lakeview  cemetery  one  hundred  and 
ninety-eight  and  ninety-four  one  hundredths  feet  to  a  point; 
thence  running  southwesterly,  by  the  remaining  land  of  said 
park  about  three  hundred  and  eighty-seven  feet  to  a  point; 
thence  running  southerly,  along  the  line  between  said  park 
and  land  of  the  Commonwealth  of  Massachusetts  and  an 
extension  of  said  line  one  hundred  and  seventy-five  feet  to 
the  point  of  beginning;  all  as  shown  on  a  plan  entitled  "Plan 
of  Land  in  Wayland,  Mass.  Park  Land  to  be  used  for  Ceme- 
tery Purposes"  dated  Dec.  5,  1951,  by  Everett  Brooks  Co., 
Civil  Engineers,  to  be  recorded. 

The  land  so  used  shall  be  under  the  same  care  and  control 
as  other  cemetery  property. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  4,  1952. 


Chap.  25  An  Act  relative  to  further  stay  of  judgment  and 
execution  in  actions  of  summary  process. 

Emergency  Whercas,  The  deferred  operation  of  this  act  would  tend  in 

preamble.         ^^^  ^^  defeat  its  purpose,  which  is  to  provide  the  courts  with 

further  discretionary  authority  to  prevent  serious  hardships 

in  eviction  cases  arising  out  of  the  present  severe  housing 

shortage,  therefore  it  is  hereby  declared  to  be  an  emergency 


Acts,  1952.  — Chap.  26.  21 

law,  necessary  for  the  immediate  preservation  of  the  public 
health  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  2  of  chapter  43  of  the  acts  of  1946,  as  most  recently 
amended  by  chapter  30  of  the  acts  of  1951,  is  hereby  further 
amended  by  striking  out,  in  hne  3,  the  word  "fifty-two"  and 
inserting  in  place  thereof  the  word:  —  fifty-four,  —  so  as  to 
read  as  follows:  —  Section  2.  This  act  shall  become  inoper- 
ative on  March  thirty-first,  nineteen  hundred  and  fifty-four. 

Approved  February  4,  1952. 

An  Act  relative  to  the  sale  by  the  city  of  boston  (JJku)    26 
OF  certain  buildings  relocated  by  it  in  the  east  ^' 

BOSTON  district  OF  SAID  CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  provision  or  provisions  of  general  or 
special  law  to  the  contrary  notwithstanding,  the  city  of 
Boston,  acting  by  its  treasurer,  without  further  authority 
than  that  contained  in  this  act,  is  hereby  authorized  and 
directed  to  dispose  of  every  building  relocated  by  it  under 
section  one  of  chapter  one  hundred  and  ninety-one  of  the 
acts  of  nineteen  hundred  and  forty-nine  and  of  the  lot  upon 
which  such  building  has  been  relocated  either  (a)  by  private 
sale  to  the  person  or  persons  who  owned  the  building  at  the 
time  of  its  acquisition  for  the  purposes  of  chapter  six  hun- 
dred and  ninety-two  of  the  acts  of  nineteen  hundred  and 
forty- five,  as  amended,  or  any  of  them,  or  to  any  heir  or 
devisee  of  any  such  person,  or  to  a  person  residing  in  the 
building  at  such  time,  for  such  sum  as  said  treasurer  shall 
determine  to  be  just  and  equitable,  or  (b)  by  sale  to  the 
highest  bidder  at  a  public  auction  at  which  the  auctioneer 
shall  be  the  auctioneer  in  the  office  of  the  board  of  real  estate 
commissioners  of  said  city  and  at  which  the  right  may  be  re- 
served to  reject  all  bids  below  such  sum.  The  treasurer  of 
said  city  shall,  in  the  name  and  behalf  of  said  city,  execute 
and  deliver  any  deed  necessary  to  effectuate  any  sale  under 
this  act.  Section  sixty-three  of  chapter  forty-four  of  the  Gen- 
eral Laws  shall  not  apply  to  the  proceeds  of  any  such  sale; 
but  said  proceeds  may  be  used  for  general  municipal  pur- 
poses. No  private  sale  shall  be  made  under  this  act,  unless 
the  terms  of  the  proposed  sale,  together  with  all  pertinent 
facts,  shall  have  been  submitted  to  the  Boston  finance  com- 
mission at  least  ten  days  before  such  sale.  A  certificate  of 
compliance  with  the  provisions  of  the  preceding  sentence 
made  by  the  secretary  or  chairman  of  the  Boston  finance 
commission  and  annexed  to  any  deed  executed  under  this 
act  shall  be  conclusive  evidence  of  such  compliance.  A  re- 
cital in  any  deed  executed  under  this  act  that  the  grantee 
named  therein  is  a  person  who  owned  the  building  at  the 
time  of  its  acquisition  for  the  purposes  of  chapter  six  hun- 
dred and  ninety-two  of  the  acts  of  nineteen  hundred  and 


22  Acts,  1952.  —  Chaps.  27,  28. 

forty-five,  as  amended,  or  the  heir  or  devisee  of  such  a  per- 
son, or  a  person  residing  in  the  building  at  such  time,  or  the 
highest  bidder  at  a  pubhc  auction,  shall  be  conclusive  evi- 
dence of  such  fact. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  4,  1952. 

Chav.  27  An  Act  authorizing  the  dennis  water  district  to  ap- 
propriate AND  PAY  A  SUM  OF  MONEY  TO  E.  ROSCOE  ALLEN 
FOR  MONEY  EXPENDED  BY  HIM  FOR  A  WATER  MAIN  EX- 
TENSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Dennis  Water  District  is  hereby  au- 
thorized to  appropriate  the  sum  of  three  hundred  and  nine 
dollars  and  pay  the  same  to  E.  Roscoe  Allen  of  the  town  of 
Dermis  to  reimburse  him  for  money  expended  by  him  for  a 
water  main  extension  along  a  town  way,  said  reimbursement 
having  been  voted  by  said  district  under  Article  21  of  its  an- 
nual warrant  on  March  twenty-first,  nineteen  hundred  and 
fifty-one. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  4,  1952. 

Chav.  28  An  Act  relative  to  the  tenure  of  office  of  the  pres- 
ent  CHIEF  OF  police  OF  THE  TOWN   OF  STURBRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  incumbent  of  the  office  of  chief  of  police 
in  the  town  of  Sturbridge  on  the  effective  date  of  this  act 
shall  hold  office  during  good  behavior  unless  incapacitated  by 
physical  or  mental  disability  from  performing  the  duties  of 
chief  of  police  and  until  the  selectmen  shall  remove  him  there- 
from in  accordance  with  the  provisions  of  chapter  thirty-one 
of  the  General  Laws,  and  the  rules  made  thereunder,  relative 
to  removals  from  the  classified  public  service.  Whenever  the 
tenure  created  by  this  act  shall  terminate,  the  selectmen  of 
said  town  shall  appoint  a  successor  to  the  said  incumbent, 
who  shall  hold  office  under  the  provisions  of  chapter  forty- 
one  of  the  General  Laws. 

Section  2.  This  act  shall  be  submitted  for  acceptance  to 
the  voters  of  said  town  at  the  annual  town  meeting  in  the 
year  nineteen  hundred  and  fifty-two  in  the  form  of  the  fol- 
lowing question,  which  shall  be  placed  upon  the  official  bal- 
lot to  be  used  for  the  election  of  town  officers  at  said  meeting : 
—  "Shall  an  act  passed  by  the  General  Court  in  the  year 
nineteen  hundred  and  fifty-two,  entitled  'An  Act  relative  to 
the  tenure  of  office  of  the  present  chief  of  police  of  the  town 
of  Sturbridge'  be  accepted?"  If  a  majority  of  the  votes  in 
answer  to  said  question  is  in  the  affirmative,  then  this  act 
shall  thereupon  take  full  effect,  but  not  otherwise. 

Approved  February  4,  1952. 


Acts,  1952. —  Chaps.  29,  30.  23 


An  Act  to  authorize  the  placing  of  the  office  of  Qfiav.  29 

JANITOR  IN  the  SEVERAL  PUBLIC  SCHOOL  BUILDINGS  AND 
IN  THE  COMBINED  TOWN  HALL  AND  HIGH  SCHOOL  BUILD- 
ING IN  THE  TOWN  OF  SOUTH  HADLEY  UNDER  THE  CIVIL 
SERVICE   LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  janitor  in  the  several  public 
school  buildings  and  in  the  combined  town  hall  and  high 
school  building  in  the  town  of  South  Hadley  shall,  upon  the 
effective  date  of  this  act,  become  subject  to  the  civil  service 
laws  and  rules,  and  the  term  of  office  of  any  incumbent  thereof 
shall  be  unlimited,  except  that  he  may  be  removed  in  accord- 
ance with  such  laws  and  rules;  but  any  person  holding  said 
office  on  said  effective  date  may  continue  therein ;  provided, 
that  he  passes  a  qualifying  examination  to  be  given  by  the 
division  of  civil  service. 

Section  2.  Chapter  60  of  the  acts  of  1951  is  hereby  re- 
pealed. 

Section  3.  This  act  shall  be  submitted  for  acceptance  to 
the  voters  of  said  towTi  at  the  next  annual  town  meeting  in 
the  form  of  the  following  question,  which  shall  be  placed  upon 
the  official  ballot  to  be  used  for  the  election  of  town  officers  at 
said  meeting:  —  "Shall  an  act  passed  by  the  General  Court 
in  the  year  nineteen  hundred  and  JBf ty-two,  entitled  'An  Act 
to  authorize  the  placing  of  the  office  of  janitor  in  the  several 
public  school  buildings  and  in  the  combined  town  hall  and 
high  school  building  in  the  tOAvn  of  South  Hadley  under  the 
civil  service  laws',  be  accepted?"  If  a  majority  of  the  votes 
in  answer  to  said  question  is  in  the  affirmative,  this  act  shall 
thereupon  take  full  effect,  but  not  otherwise. 

Approved  February  4,  1952. 


An  Act  providing  for  a  five  day  work  week  for  police  Chap.  30 

OFFICERS   OF  THE  TOWN   OF   NEEDHAM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  Notwithstanding  any  other  provision  of  gen- 
eral or  special  law,  the  services  of  all  police  officers  of  the 
town  of  Needham  shall  be  restricted  to  five  days  in  any  one 
week;  provided,  that,  in  case  of  any  public  emergency,  or  of 
any  unusual  demand  for  the  services  of  said  police,  service  in 
excess  of  five  days  may  be  authorized  by  the  chief  of  police, 
and  such  additional  services  shall  be  compensated  for  as 
overtime.  The  compensation  payable  to  any  police  officer 
shall  not  be  reduced  by  reason  of  acceptance  of  this  act. 

Section  2.  This  act  shall  be  submitted  to  the  registered 
voters  of  the  town  of  Needham  at  the  annual  town  election 
in  the  current  year  in  the  form  of  the  following  question 
which  shall  be  placed  upon  the  official  ballot  to  be  used  in 
said  town  at  said  election:  —  "Shall  an  act  passed  by  the 


24  Acts,  1952. —  Chaps.  31,  32. 

General  Court  in  the  year  nineteen  hundred  and  fifty-two, 
entitled  'An  Act  providing  for  a  five  day  work  week  for  police 
officers  of  the  town  of  Needham'  be  accepted?"  If  a  ma- 
jority of  the  votes  in  answer  to  said  question  is  in  the  affirm- 
ative, this  act  shall  take  full  effect  on  May  first,  nineteen 
hundred  and  fifty-two,  but  not  otherwise. 

Approved  February  4,  1952. 


Chap.  31  An  Act  authorizing  the  directors  of  the  mutual  sav- 
ings CENTRAL  FUND,   INC.  TO  REDUCE  OR  W^AIVE  ANNUAL 

ASSESSMENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1  of  chapter  43  of  the  acts  of  1934,  as  most  re- 
cently amended  by  section  2  of  chapter  149  of  the  acts  of 
1939,  is  hereby  further  amended  by  striking  out  the  third 
sentence,  and  inserting  in  place  thereof  the  following  sen- 
tence:—  On  October  first,  nineteen  hundred  and  thirty-nine, 
and  on  October  first  of  each  year  thereafter  while  a  member 
bank,  such  bank  shall  pay  to  the  corporation  an  annual  as- 
sessment equal  to  one  sixteenth  of  one  per  cent  of  its  deposits, 
exclusive  of  its  club  deposits,  as  shown  by  its  last  preceding 
annual  report  to  the  commissioner;  provided,  however,  that 
the  directors  may,  with  the  approval  of  the  commissioner,  by 
action  taken  not  more  than  sixty  days  prior  to  the  first  of 
October  of  each  year  reduce  the  rate  of  said  annual  assess- 
ment or  waive  the  same.  Approved  February  4,  1952. 


Chap.  32  An  Act  relative  to  the  filing  and  indexing  of  bus- 
iness CERTIFICATES  AND  THE  FORM  OF  SUCH  CERTIFI- 
CATES. 

Be  it  enacted,  etc.,  as  follows. • 

G.  L  (Ter.  SECTION  1.    Chapter  110  of  the  General  Laws  is  hereby 

etc!,  amended',    amended  by  striking  out  section  5,  as  amended  by  section 
15  of  chapter  550  of  the  acts  of  1948,  and  inserting  in  place 
Filing  of  thereof  the  following:  —  Section  5.    Any  person  conducting 

stating^eai  business  in  the  commonwealth  under  any  title  other  than  the 
^Mon^dofng  ^^^^  name  of  the  person  conducting  the  business,  whether  in- 
business^  (iividually  or  as  a  partnership,  shall  file  in  the  office  of  the 

^^  ^^  '  clerk  of  every  city  or  town  where  an  office  of  any  such  per- 
son or  partnership  may  be  situated  a  certificate  stating  the 
full  name  and  residence  of  each  person  conducting  such  busi- 
ness, the  place,  including  street  and  number,  where,  and  the 
title  under  which,  it  is  conducted,  and  pay  the  fee  as  provided 
by  clause  (20)  of  section  thirty-four  of  chapter  two  hundred 
and  sixty-two.  A  person  who  has  filed  such  a  certificate  shall, 
upon  his  discontinuing,  retiring  or  withdrawing  from  such 
business  or  partnership,  or  in  the  case  of  a  change  of  resi- 
dence of  such  person  or  of  the  location  where  the  business 
is  conducted,  file  in  the  office  of  said  clerk  a  statement  under 


Acts,  1952. —  Chap.  33.  25 

oath  that  he  has  discontmued,  retired  or  withdrawn  from 
such  business  or  partnership,  or  of  such  change  of  his  resi- 
dence or  change  of  the  location  of  such  business,  and  pay  the 
fee  required  by  clause  (21)  of  said  section  thirty-four.  In  the 
case  of  the  death  of  such  a  person,  such  statement  may  be 
filed  by  the  executor  or  administrator  of  his  estate.  The  clerk 
shall  keep  a  suitable  index  of  all  certificates  so  filed  with  him, 
setting  forth  the  pertinent  facts,  including  a  reference  to  any 
statement  of  discontinuance,  retirement  or  withdrawal  from, 
or  change  of  location  of,  such  business,  or  change  of  residence 
of  such  person.  Violations  of  this  section  shall  be  punished  by  Penalty. 
a  fine  of  not  more  than  one  hundred  dollars  for  each  month 
during  which  such  violation  continues. 

Section  2.    Section  34  of  chapter  262  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  clause  (21),  as  appearing  §  34.' etc..' 
in  section  1  of  said  chapter  550  of  the  acts  of  1948,  and  in-  amended. 
serting  in  place  thereof  the  following :  — 

(21)  For  the  filing  by  a  person  conducting  business  under  Fee. 
any  title  other  than  his  real  name  of  a  statement  of  change 
of  his  residence,  or  of  his  discontinuance,  retirement  or  with- 
drawal from,  or  of  a  change  of  location  of,  such  business,  fifty 
cents.  Approved  February  4,  1952. 

An  Act  relative  to  the  tenure  of  office  of  the  pres-  C^av.  33 

ENT   treasurer   OF  THE  TOWN   OF   ARLINGTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  incumbent  of  the  office  of  treasurer  in  the 
town  of  Arlington,  on  the  effective  date  of  this  act,  shall  hold 
office  during  good  behavior  unless  incapacitated  by  physical 
or  mental  disability  from  performing  the  duties  of  treasurer 
and  until  the  selectmen  shall  remove  him  therefrom  in  accord- 
ance with  the  provisions  of  chapter  thirty-one  of  the  General 
Laws,  and  the  rules  made  thereunder,  relative  to  removals 
from  the  classified  public  service.  Any  vacancy  in  the  office 
of  treasurer  in  said  town  while  said  incumbent  is  holding  of- 
fice during  good  behavior  as  provided  by  this  act  shall  be 
filled  by  election  by  a  vote  of  a  majority  of  its  selectmen, 
and  said  treasurer  shall  serve  until  the  next  regular  town 
election,  at  which  election  a  treasurer  shall  be  elected  as  pro- 
vided by  law. 

Section  2.  This  act  shall  be  submitted  for  acceptance  to 
the  voters  of  said  town  at  the  annual  town  meeting  in  the 
current  year,  or  in  the  year  following  its  enactment,  in  the 
form  of  the  following  question,  which  shall  be  placed  upon 
the  official  ballot  to  be  used  for  the  election  of  town  officers 
at  said  meeting: — "Shall  an  act  passed  by  the  General 
Court  in  the  year  nineteen  hundred  and  fifty-two,  entitled 
'An  Act  Relative  to  the  Tenure  of  Office  of  the  Present 
Treasurer  of  the  Town  of  Arlington'  be  accepted?"  If  a 
majority  of  the  votes  in  answer  to  said  question  is  in  the 
affirmative,  then  this  act  shall  thereupon  take  full  effect, 
but  not  otherwise.  Approved  February  5,  1952. 


26 


Acts,  1952. —  Chaps.  34,  35. 


Emergency 
preamble. 


Chap.  34  An  Act  relative  to  credit  extension  to  policyholders 

OF   MUTUAL   FIRE   INSURANCE   COMPANIES. 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  provide  forthwith  for  the 
extension  of  credit  to  poHcyholders  of  mutual  fire  insurance 
companies,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  81  of  chapter  175  of  the  General  Laws,  as  appear- 
ing in  the  Tercentenary  Edition,  is  hereby  amended  by 
adding  at  the  end  of  the  first  sentence  the  following :  —  ;  pro- 
vided, that  this  section  shall  not  be  construed  to  prohibit 
extension  of  credit  to  policyholders  with  respect  to  such 
premium,  —  so  as  to  read  as  follows:  —  Section  81.  Mu- 
tual fire  companies,  except  as  provided  in  the  following 
section,  shall  charge  and  collect  upon  their  policies  a  full 
mutual  premium  in  cash  or,  except  as  provided  in  section 
seventy-three,  in  notes  absolutely  payable;  provided,  that 
this  section  shall  not  be  constmed  to  prohibit  extension  of 
credit  to  policyholders  with  respect  to  such  premium.  Any 
such  company  shall  in  its  by-laws  and  policies  fix  the  con- 
tingent mutual  liability  of  its  members  for  the  payment  of 
losses  and  expenses  not  provided  for  by  its  cash  funds,  which 
liability  shall  not  be  less  than  an  amount  equal  to  and  in 
addition  to  the  cash  premium  written  in  his  policy.  The 
total  amount  of  the  liability  of  the  policyholder  shall  be 
plainly  and  legibly  stated  upon  the  filing-back  of  each  policy. 
Whenever  any  reduction  is  made  in  the  contingent  liability 
of  members,  such  reduction  shall  apply  proportionally  to  all 
policies  in  force.  Approved  February  8,  1952. 


G.  L.  (Ter. 
Ed.),  175,  I  81, 
amended. 


Credit  exten- 
sion to  policy- 
holders of 
mutual  fire 
insurance 
companies, 
authorized. 


Chap.  35  An  Act  relative  to  the  trustees  of  a  fund  for  the 

BENEFIT  OF  CERTAIN  PERSONS  WHO  CONSTITUTED  COM- 
PANY F,  SIXTH  INFANTRY,  MASSACHUSETTS  NATIONAL 
GUARD  ON  APRIL  SIXTH,  NINETEEN  HUNDRED  AND  SEVEN- 
TEEN. 


Emergency 
preamble. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  in  part  to  provide  for  the  im- 
mediate disbursement  of  the  funds  referred  to  therein, 
therefore  it  is  hereby  declared  to  be  an  emergency  law,  neces- 
sary for  the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  trustees  appointed  under  the  provisions  of  chapter 
one  hundred  and  forty-five  of  the  acts  of  nineteen  hundred 
and  twenty-nine,  as  amended  by  chapter  one  hundred  and 
ten  of  the  acts  of  nineteen  hundred  and  forty-five,  are  hereby 
authorized  to  disburse  any  remaining  funds  held  by  them  as 
such  trustees  for  the  erection  of  a  plaque  commemorating 


Acts,  1952. —  Chap.  36.  27 

the  ofl5cers  and  men  of  Company  F,  Sixth  Regiment,  Massa- 
chusetts Volunteer  Militia,  and  for  such  other  purposes  as 
the  trustees,  in  their  discretion,  deem  fitting  and  proper  for 
the  commemoration  of  said  officers  and  men.  Any  disburse- 
ment by  the  trustees  hereunder  shall  be  subject  to  the 
approval  of  the  adjutant  general. 

Approved  February  8,  1952. 


An  Act  relative  to  the  establishment  of   a  water  (Jfidj)    35 

SYSTEM    IN   THE  TOWN    OF   BLACKSTONE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  votes  adopted  at  the  special  town  meet- 
ing of  the  inhabitants  of  the  town  of  Blackstone  held  August 
fourth,  nineteen  hundred  and  fifty-one,  and  at  the  adjourned 
session  thereof  held  August  eighteenth,  nineteen  hundred 
and  fifty-one,  are  hereby  validated  and  confirmed;  and  the 
issuance  and  sale,  by  the  town  treasurer  with  the  approval 
of  the  selectmen,  of  four  hundred  thousand  dollars  aggregate 
principal  amount  of  bonds  or  notes  for  the  purposes  set  forth 
in  the  vote  adopted  under  article  three  of  the  warrant  for 
said  special  town  meeting  are  hereby  authorized. 

Section  2.  Of  the  proceeds  received  from  the  sale  of 
said  bonds  or  notes,  less  any  premium  arising  upon  such 
sale,  the  sum  of  twenty-five  thousand  dollars  and  such 
additional  amount,  if  any,  as  may  be  determined  by  the 
water  commissioners  of  said  town,  shall  be  set  aside  by  the 
town  treasurer  for  the  purpose  of  paying  for  the  water 
system  of  the  city  of  Woonsocket,  Rhode  Island,  located 
within  the  boundaries  of  the  town  of  Blackstone;  provided, 
however,  that  if  no  agreement  with  said  city  of  Woonsocket 
to  acquire  said  water  system  is  made  or  the  acquisition  is 
not  otherwise  effected  within  fifteen  months  from  the  effec- 
tive date  of  this  act,  or  if  the  sum  so  set  aside  exceeds  the 
amount  ultimately  paid  to  the  city  of  Woonsocket  for  the 
aforesaid  water  system,  the  said  sum  or  the  surplus  thereof, 
as  the  case  may  be,  shall  be  devoted  to  the  other  purposes 
designated  in  the  vote  authorizing  the  issuance  of  said  bonds 
or  notes.  The  town  treasurer  shall  notify  the  water  com- 
missioners when  he  receives  payment  for  said  bonds  or 
notes,  and  said  commissioners  shall,  within  fifteen  days 
thereafter,  inform  him  in  writing  of  their  determination  re- 
specting the  sum  to  be  set  aside  as  herein  provided. 

Section  3.  Before  a  written  agreement  is  entered  into 
by  the  town  of  Blackstone  with  the  city  of  Woonsocket, 
Rhode  Island,  for  the  purchase  and  sale  of  said  water  system, 
the  price  to  be  paid  therefor  shall  be  fixed  by  the  voters  of 
said  town  at  a  duly  called  and  held  annual  or  special  town 
meeting;  provided,  however,  that  said  voters  may  fix  a 
maximum  price  and  may  authorize  the  purchase  to  be  made 
for  any  lesser  sum  which  may  be  agreed  upon  by  the  water 
commissioners  and  said  city  of  Woonsocket. 


28  Acts,  1952.  — Chaps.  37,  38. 

Section  4.  So  much  of  the  provisions  of  section  four  of 
chapter  six  hundred  and  four  of  the  acts  of  nineteen  hundred 
and  ten,  and  of  section  seven  of  chapter  six  hundred  and 
twenty-five  of  the  acts  of  nineteen  hundred  and  fifty,  as 
are  inconsistent  herewith  are  hereby  repealed. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  8,  1952. 

Chap.  37  An  Act  validating  certain  acts  and  proceedings  of 

THE  TOWN  OF  ADAMS  AND  OF  ITS  PARK  COMMISSION,  AND 
relative  to  the  election  of  the  members  of  SAID 
COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  election  of  the  persons  holding  office  on 
the  effective  date  of  this  act  as  members  of  the  park  com- 
mission of  the  town  of  Adams,  established  under  authority 
of  section  fourteen  of  chapter  forty-five  of  the  General  Laws, 
and  all  acts  and  proceedings  done  or  taken  by  said  park 
commission,  and  all  acts  and  proceedings  of  said  town,  in  so 
far  as  such  election,  acts  and  proceedings  may  be  invalid 
by  reason  of  the  election  of  any  of  the  members  of  said  com- 
mission, with  respect  to  their  terms  of  office  or  otherwise, 
not  conforming  to  the  vote  of  the  town  providing  for  such 
election,  are  hereby  confirmed  and  made  valid. 

Section  2.  At  the  annual  town  election  of  the  town  of 
Adams  in  the  current  year,  three  members  of  the  park  com- 
mission shall  be  elected  for  terms  of  three  years  each,  and 
annually  thereafter  there  shall  be  elected  a  member  or 
members  thereof  for  a  term  of  three  years  in  the  place  of 
those  whose  terms  are  to  expire. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  8,  1952. 

Chap.  38  An  Act  relative  to  the  power  of  cities  and  towns  to 

BORROW  money  FOR  THE  PAYMENT  OF  CERTAIN  PREMIUMS 
ON    FIRE   INSURANCE   POLICIES. 

Be  it  enacted,  etc.,  as  follows: 

Edo,'  il.l"?.         Clause  (16)  of  section  7  of  chapter  44  of  the  General  Laws, 

etc., 'amended,    as  most  recently  amended  by  section  2  of  chapter  181  of  the 

acts  of  1951,  is  hereby  further  amended  by  striking  out,  in 

line  5,  the  word  "fifth"  and  inserting  in  place  thereof  the 

word:  —  fourth,  —  so  as  to  read  as  follows:  — 

Power  to  (16)  For  the  payment  of  premiums  for  fire  insurance, 

fo°r"certJi'n"^^    contracts  or  policies  covering  a  period  of  five  years,  four 

muToser  years.     No  loan  shall  be  authorized  in  any  year  under  the 

regulated.         provisions  of  this  clause  unless  a  sum  equal  to  at  least  one 

fourth  of  the  entire  amount  authorized  to  be  borrowed  has 

been  appropriated  from  available  revenue  funds  or  voted 

to  be  raised  by  taxation,  for  the  purposes  set  forth,  in  the 

year  when  the  loan  is  authorized. 

Approved  February  8,  1952. 


Acts,  1952.  —  Chaps.  39,  40.  29 

An  Act  relative  to  absentee  ballots.  Chav    39 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  94  of  chapter  54  of  the  General  Laws,  g.  l.  (Xer. 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  amended^  ^^' 
by  striking  out,  in  Une  6,  the  word  "before"  and  inserting  in 
place  thereof  the  words :  —  within  one  hour  after,  —  so  as  to 
read  as  follows:  —  Section  94-    Upon  receipt  of  an  envelope  Delivery  of 
purporting  to  contain  an  official  absent  voting  ballot,  the  baUo'ts?^ 
clerk  of  the  city  or  town  shall  attach  thereto  the  application  regulated. 
for  an  official  absent  voting  ballot  executed  by  the  voter 
whose  name  appears  thereon  and  certified  by  the  registrars 
of  voters.    All  such  envelopes  shall  be  preserved  unopened. 
Upon  election  day  within  one  hour  after  the  hour  for  the 
closing  of  the  polls  the  said  clerk  shall  deliver  all  envelopes 
received  by  him  to  the  election  officers  in  the  several  voting 
precincts  where  the  voters  named  therein  assert  the  right  to 
vote. 

Section  2.    Section  95  of  said  chapter  54,  as  most  recently  g.  l.  (Xer. 
amended  by  section  5  of  chapter  466  of  the  acts  of  1945,  is  etc!, 'amended'. 
hereby  further  amended  by  striking  out,  in  line  1,  the  word 
"Immediately"  and  inserting  in  place  thereof  the  words:  — 
Within  one  hour. 

Section  3.     The  first  paragraph  of  section  105  of  said  g.  l.  (Xer. 
chapter  54,  as  appearing  in  the  Tercentenary  Edition,  is  f'los,^^' 
hereby  amended  by  inserting  before  the  last  sentence  the  amended. 
following  sentence :  —  When  absent  voting  ballots  have  been  Duties  of 
cast,  the  clerk  shall  amend  the  ballot  box  register  and  the  '''*''*'°°  ''^^''^■ 
number  of  names  checked  on  the  voting  list  to  include  the 
absent  voting  ballots  deposited  in  the  ballot  box  under  the 
provisions  of  section  ninety-five. 

Approved  February  8,  1952. 


An  Act  providing  tenure  of  office  for  edward  c. 
carroll,  incumbent  of  the  office  of  highway 
surveyor  of  the  town  of  milford. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  tenure  of  office  of  Edward  C.  Carroll, 
incumbent  of  the  ofiice  of  highway  surveyor  of  the  town  of 
Milford,  shall,  upon  the  effective  date  of  this  act,  be  un- 
limited, and  he  may  be  removed  therefrom  only  in  the 
manner  provided  by  section  three  of  this  act.  If  said  in- 
cumbent shall  cease  to  hold  office  as  provided  by  this  act, 
his  successor  shall  be  elected  bj'^  vote  of  a  majority  of  the 
selectmen,  and  said  highway  surveyor  shall  serve  until  the 
next  regular  town  election,  at  which  election  a  highway 
surveyor  shall  be  elected  as  provided  by  law. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  voters  of  said  town  of  Milford  at  the  annual  town 
meeting  in  the  current  year  in  the  form  of  the  following 
question,  which  shall  be  placed  upon  the  official  ballot  to 


Chap.  40 


30  Acts,  1952.  —  Chap.  41. 

be  used  for  the  election  of  town  officers  at  said  meeting :  — 
"Shall  Edward  C.  Carroll,  the  present  incumbent  of  the 
office  of  highway  surveyor  of  the  town  of  Milford,  be  given 
life  tenure?"  If  a  majority  of  the  votes  in  answer  to  said 
question  is  in  the  affirmative,  then  this  act  shall  thereupon 
take  full  effect,  but  not  otherwise. 

Section  3.  At  any  time  after  the  expiration  of  one  year 
from  the  date  on  which  this  act  is  accepted,  and  not  less 
than  sixty  days  prior  to  the  annual  town  meeting,  a  petition, 
signed  by  not  less  than  ten  per  cent  of  the  registered  voters 
of  the  town,  may  be  filed  with  the  selectmen,  requesting 
that  the  question  of  revoking  the  acceptance  of  this  act  be 
submitted  to  the  voters.  Thereupon  the  selectmen  shall 
cause  the  question  of  revocation  of  the'  acceptance  to  be 
placed  on  the  official  ballot  used  for  the  election  of  town 
officers  at  said  meeting  in  the  form  of  the  following  ques- 
tion:—  "Shall  the  action  of  the  town  of  Milford  in  the 
year  nineteen  hundred  and  fifty-two  in  voting  life  tenure  to 
Edward  C.  Carroll,  highway  surveyor  of  the  town  of  Milford, 
be  revoked?"  If  such  revocation  is  favored  by  a  majority 
of  the  voters  voting  thereon,  the  acceptance  of  this  act 
shall  be  revoked  and  this  act  shall  become  null  and  void 
beginning  with  the  first  day  of  the  month  next  following 
such  revocation. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  13,  1952. 

Chap.  41  An  Act  authorizing  the  towns  of  abington  and  rock- 
land  TO  BORROW  certain  SUMS,  FOR  THE  PURPOSE  OF 
REPAIRING  THE  STANDPIPE  OF  THEIR  JOINT  WATER  SYSTEM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  provisions  of  law,  the 
towns  of  Abington  and  Rockland  are  hereby  authorized 
each  to  borrow  a  sum  not  in  excess  of  six  thousand  dollars, 
irrespective  of  any  debt  limitation  imposed  by  law  upon 
said  towns,  and  said  sums  so  borrowed  shall  be  used  by  said 
towns,  through  their  joint  board  of  water  commissioners  as 
constituted  under  the  provisions  of  chapter  two  hundred 
and  six  of  the  acts  of  eighteen  hundred  and  eighty-five,  for 
the  purpose  of  adequately  repairing  their  water  standpipe, 
and  said  joint  board  shall  award  and  determine  a  fair  and 
just  proportion  of  the  cost  of  said  repairing  which  each  of 
said  towns  shall  bear,  pursuant  to  the  provisions  of  said 
chapter  two  hundred  and  six  of  the  acts  of  eighteen  hundred 
and  eighty-five,  and  of  chapter  six  hundred  and  sixty-five 
of  the  acts  of  nineteen  hundred  and  forty-nine. 

Section  2.  Action  taken  under  this  act  at  the  annual 
town  meetings  held  in  the  current  year  shall  be  as  effective 
as  though  this  act  had  been  in  full  force  and  effect  at  the 
time  the  warrants  for  said  meetings  were  posted. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  13,  1962. 


Acts,  1952.  —  Chaps.  42,  43.  31 


An  Act  relative  to  the  tenure  of  office  of  the  pres-  Qlidj)    42 

ENT  CHAIRMAN  OF  THE  BOARD  OF  ASSESSORS  IN  THE  TOWN 
OF   HULL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  incumbent  of  the  office  of  chairman  of 
the  board  of  assessors  in  the  town  of  Hull  on  the  effective 
date  of  this  act  shall  hold  office  during  good  behavior  unless 
incapacitated  by  physical  or  mental  disability  from  per- 
forming the  duties  of  chairman  of  the  board  of  assessors  and 
until  the  selectmen  shall  remove  him  therefrom  in  accord- 
ance with  the  provisions  of  chapter  thirty-one  of  the  General 
Laws,  and  the  rules  made  thereunder,  relative  to  removals 
from  the  classified  public  service,  and  the  salary  of  said  chair- 
man of  the  board  of  assessors  shall  be  fixed  by  the  selectmen, 
and  any  vacancy  in  the  office  of  chairman  of  the  board  of 
assessors  in  said  town  while  said  incumbent  is  holding  office 
during  good  behavior  as  provided  by  this  act  shall  be  filled 
by  choice  of  the  remaining  members  of  the  board  of  assessors, 
and  said  chairman  shall  serve  until  a  chairman  is  chosen  by 
said  board  as  provided  by  section  twenty-four  of  chapter 
forty-one  of  the  General  Laws. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  a  majority  of  the  voters  of  said  town 
present  and  voting  thereon  at  a  regular  or  special  town 
meeting,  but  not  otherwise.     Approved  February  13,  1952. 

An  Act  authorizing  the  establishment  of  a  sewer  dis-  QJidj)    43 

TRICT  within  the  LIMITS  OF  THE  TOWN  OF  LANCASTER.  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Lancaster 
liable  to  taxation  in  said  town  and  residing  within  the  terri- 
tory comprised  within  the  following  lines,  to  wit:  —  begin- 
ning at  a  point  on  the  westerly  line  of  Route  110  in  Lan- 
caster at  the  intersection  with  Route  110  of  the  boundary 
line  between  the  town  of  Lancaster  and  the  town  of  Bolton; 
thence  north,  fifty-seven  degrees  west,  three  thousand  feet 
more  or  less,  to  the  center  of  the  Nashua  river ;  thence  south- 
westerly, by  the  Nashua  river,  to  a  point  in  the  center  of  the 
Nashua  river  at  the  intersection  of  the  north  branch  and 
the  south  branch  of  the  Nashua  river;  thence  southwesterly, 
by  the  north  branch  of  the  Nashua  river  to  a  point  in  the 
river  opposite  the  mouth  of  the  brook  flowing  into  the  river 
from  Thayer  pond,  so  called;  thence  southwesterly,  to  a 
point  on  the  southerly  side  of  the  river  at  the  middle  of  the 
said  brook;  thence  southwesterly,  by  the  said  brook  to 
Thayer  pond,  so  called;  thence  by  the  northerly  and  west- 
erly edges  of  Thayer  pond,  so  called,  to  the  middle  of  the 
brook  flowing  into  Thayer  pond  at  the  southwesterly  side 
thereof;  thence  southwesterly,  by  the  said  brook  to  a  point 
where  the  said  brook  intersects  the  center  line  of  George 


32  Acts,  1952.  —  Chap.  43. 

Hill  road ;  thence  westerly,  by  the  center  line  of  George  Hill 
road  to  a  point  where  the  center  line  of  George  Hill  road 
intersects  the  center  line  of  Goss  lane;  thence  southerly,  by 
the  center  line  of  Goss  lane  to  a  point  where  the  center  line 
of  Goss  lane  intersects  the  south  line  of  Narrow  lane ;  thence 
easterly,  by  Narrow  lane  to  the  intersection  of  Narrow  lane 
and  Main  street;  thence  southeasterly,  by  Main  street  to 
the  point  where  Main  street  is  intersected  by  the  boundary 
line  between  the  towns  of  Clinton  and  Lancaster;  thence 
easterly,  by  the  boundary  line  between  Clinton  and  Lan- 
caster to  the  point  where  said  boundary  line  meets  the 
boundary  line  between  the  towns  of  Clinton  and  Bolton; 
thence  northerly,  by  the  boundary  between  the  towns  of 
Bolton  and  Lancaster  to  the  point  of  beginning,  —  shall 
constitute  a  sewer  district  and  are  hereby  made  a  body 
corporate  by  the  name  of  the  Lancaster  sewer  district,  here- 
inafter called  the  district,  for  the  purpose  of  laying  out, 
constructing,  maintaining  and  operating  a  system  or  sys- 
tems of  common  sewers  for  a  part  or  the  whole  of  the  terri- 
tory herein  described,  with  such  connections  and  other  works 
as  may  be  required  for  a  system  of  sewage  disposal,  and 
may  construct  such  sewers  in  said  district  as  may  be  neces- 
sary, and  for  the  purpose  of  assessing  and  raising  taxes  as 
provided  herein  for  the  payment  of  such  services,  and  for 
defraying  the  necessary  expenses  of  carrying  on  the  business 
of  said  district,  subject  to  all  general  laws  now  or  hereafter 
in  force  relating  to  such  districts,  except  as  otherwise  pro- 
vided herein.  The  district  shall  have  power  to  prosecute 
and  defend  all  actions  relating  to  its  property  and  affairs. 

Section  2.  Any  meeting  of  the  voters  of  the  territory 
included  within  the  boundaries  set  forth  in  section  one  to 
be  held  prior  to  the  acceptance  of  this  act,  and  any  meeting 
of  the  voters  of  the  district  to  be  held  prior  to  the  qualification 
of  a  majority  of  the  sewer  commissioners,  shall  be  called  on 
petition  of  ten  or  more  legal  voters  therein,  by  a  warrant 
from  the  selectmen  of  said  town,  or  from  a  justice  of  the 
peace,  directed  to  one  of  the  petitioners,  requiring  him  to 
give  notice  of  the  meeting  by  posting  copies  of  the  warrant 
in  two  or  more  public  places  in  the  district  seven  days  at 
least  before  the  time  of  the  meeting.  Such  justice  of  the 
peace,  or  one  of  the  selectmen,  shall  preside  at  such  meeting 
until  a  clerk  is  chosen  and  sworn,  and  the  clerk  shall  preside 
until  a  moderator  is  chosen.  At  any  meeting  held  hereunder 
prior  to  the  acceptance  of  this  act,  after  the  choice  of  a 
moderator  for  the  meeting,  the  question  of  the  acceptance 
of  this  act  shall  be  submitted  to  the  voters,  and  if  it  is  ac- 
cepted by  a  majority  of  the  voters  present  and  voting  thereon 
it  shall  thereupon  take  effect,  and  the  meeting  may  then 
proceed  to  act  on  the  other  articles  in  the  warrant.  After 
the  qualification  of  a  majority  of  the  sewer  commissioners, 
meetings  of  the  district  shall  be  called  by  warrant  under  their 
hands,  unless  some  other  method  be  provided  by  by-law  or 
vote  of  the  district. 


Acts,  1952. —  Chap.  43.  33 

Section  3.  The  district  shall  elect  by  ballot  at  any 
district  meeting  not  later  than  the  second  annual  meeting 
after  the  commencement  of  construction  hereunder  of  a 
system  of  sewerage  and  sewage  disposal,  a  board  of  three 
sewer  commissioners  who  shall  be  citizens  of  the  district,  to 
hold  office,  if  elected  at  an  annual  meeting,  one  until  the 
expiration  of  one  year,  one  until  the  expiration  of  two  years, 
and  one  until  the  expiration  of  three  years,  from  such  an- 
nual district  meeting,  and  until  their  successors  are  qualified, 
or,  if  elected  at  a  special  meeting,  one  until  the  expiration 
of  one  year,  one  until  the  expiration  of  two  years,  and  one 
until  the  expiration  of  three  years,  from  the  next  succeeding 
annual  district  meeting,  and  until  their  successors  are  quali- 
fied, and  thereafter,  at  each  annual  district  meeting  when 
the  term  of  a  member  expires,  the  district  shall  elect  one 
member  of  the  board  to  serve  for  three  years  and  until  his 
successor  is  quahfied. 

Section  4.  Said  board  of  sewer  commissioners,  acting 
for  and  on  behalf  of  said  district,  may  take  by  eminent 
domain  under  chapter  seventy-nine  of  the  General  Laws,  or 
acquire  by  purchase  or  otherwise,  any  lands,  water  rights, 
rights  of  way  or  easements,  public  or  private,  in  said  district, 
necessary  for  accomplishing  any  purpose  mentioned  in  this 
act,  and  may  construct  such  sewers  under  or  over  any  bridge, 
railroad,  railway,  boulevard  or  other  public  way,  or  within 
the  location  of  any  railroad,  and  may  enter  upon  and  dig 
up  any  private  land,  public  way  or  railroad  location,  for  the 
purpose  of  laying  such  sewers  and  of  maintaining  and  re- 
pairing the  same,  and  may  do  any  other  thing  proper  or 
necessary  for  the  purposes  of  this  act;  provided,  that  they 
shall  not  take  in  fee  any  land  of  a  railroad  corporation,  and 
that  they  shall  not  enter  upon  or  construct  any  sewer  within 
the  location  of  any  railroad  corporation  except  at  such  time 
and  in  such  manner  as  they  may  agree  upon  with  such 
corporation,  or,  in  case  of  failure  to  agree,  as  may  be  ap- 
proved by  the  department  of  public  utilities. 

Section  5.  Until  the  board  of  sewer  commissioners  has 
first  been  elected  as  provided  in  this  act,  but  not  in  any 
event  later  than  the  second  annual  meeting  after  the  com- 
mencement of  the  work  of  construction  authorized  hereby, 
the  district  may  carry  on  such  work  by  a  duly  authorized 
committee  of  the  district.  The  committee  shall  serve  with- 
out pay  and  shall  have  all  the  powers  and  authority  given 
to  the  board  of  sewer  commissioners  in  this  act  or  by  general 
law.  Whenever  the  phrase  "said  board  of  sewer  commis- 
sioners" or  "said  board"  hereinafter  occurs,  it  shall  mean 
and  include  the  board  of  sewer  commissioners,  or  the  com- 
mittee of  the  district  provided  for  in  this  section,  as  the 
case  may  be. 

Section  6.  Any  person  injured  in  his  property  by  any 
action  of  said  board  of  sewer  commissioners  under  this  act 
may  recover  damages  from  said  district  under  said  chapter 
seventy-nine. 


34  Acts,  1952.  —  Chap.  43. 

Section  7.  The  district  shall,  by  vote,  determine  what 
proportion  of  the  cost  of  said  system  or  systems  of  sewerage 
and  sewage  disposal  the  district  shall  pay;  provided,  that 
it  shall  pay  not  less  than  one  fourth  nor  more  than  two 
thirds  of  the  whole  cost.  In  providing  for  the  payment  of 
the  remaining  portion  of  the  cost  of  said  system  or  systems, 
or  for  the  use  of  said  system  or  systems,  the  district  may 
avail  itself  of  any  or  all  of  the  methods  permitted  by  general 
laws,  and  the  provisions  of  said  general  laws  relative  to  the 
assessment,  apportionment,  division,  reassessment,  abate- 
ment and  collection  of  sewer  assessments,  to  liens  therefor 
and  to  interest  thereon  shall  apply  to  assessments  made 
under  this  act,  except  that  interest  shall  be  at  the  rate  of 
six  per  cent  per  annum.  At  the  same  meeting  at  which  it 
determines  the  proportion  of  the  cost  which  is  to  be  borne 
by  the  district,  it  may  by  vote  determine  by  which  of  such 
methods  the  remaining  portion  of  said  cost  shall  be  provided 
for.  The  collector  of  taxes  of  said  town  shall  certify  the 
payment  or  payments  of  such  assessments  for  apportion- 
ments thereof  to  the  sewer  commissioners,  who  shall  preserve 
a  record  thereof.  Whenever  a  tax  is  duly  voted  by  the 
district  for  the  purposes  of  this  act,  the  clerk  shall  send 
a  certified  copy  of  the  vote  to  the  assessors  of  said  town, 
who  shall  assess  the  same  on  property  within  the  district  in 
the  same  manner  in  all  respects  in  which  town  taxes  are 
required  by  law  to  be  assessed;  provided,  that  no  estate 
shall  be  subject  to  any  tax  assessed  on  account  of  the  system 
of  sewerage  under  this  act,  if,  in  the  judgment  of  the  board 
of  sewer  commissioners  herein  provided  for,  after  a  hearing, 
due  notice  whereof  shall  have  been  given,  such  estate  is  so 
situated  that  it  will  receive  no  aid  from  the  said  sewerage 
system,  or  if  such  estate  is  so  situated  that  the  buildings 
thereon,  or  the  buildings  that  might  be  constructed  thereon, 
could  not  be  connected  with  the  said  system  in  any  ordinary 
or  reasonable  manner;  but  all  other  estates  in  the  district 
shall  be  deemed  to  be  benefited  and  shall  be  subject  to 
such  tax.  A  certified  list  of  the  estates  exempt  from  taxation 
under  the  provisions  of  this  section  shall  annually  be  sent 
by  said  board  of  sewer  commissioners  to  said  assessors,  at 
the  same  time  at  which  the  clerk  shall  send  a  certified  copy 
of  the  vote  as  aforesaid.  The  assessment  shall  be  committed 
to  the  town  collector,  who  shall  collect  said  tax  in  the  manner 
provided  by  law  for  the  collection  of  town  taxes  and  shall 
deposit  the  proceeds  thereof  with  the  district  clerk  for  the 
use  and  benefit  of  the  district.  The  district  may  collect 
interest  on  overdue  taxes  in  the  manner  in  which  interest  is 
authorized  to  be  collected  on  town  taxes. 

Section  8.  For  the  purpose  of  paying  the  necessary 
expenses  and  liabilities  incurred  under  this  act,  the  district 
may  from  time  to  time,  within  five  years  after  the  passage 
of  this  act,  borrow  such  sums  as  may  be  necessary,  not  ex- 
ceeding, in  the  aggregate,  three  hundred  thousand  dollars, 
and  may  issue  bonds  or  notes  therefor,  which  shall  bear  on 


Acts,  1952. —  Chap.  43.  35 

their  face  the  words,  Lancaster  Sewer  District  Sewerage 
Loan,  Act  of  1952.  Each  authorized  issue  shall  constitute 
a  separate  loan,  and  such  loans  shall  be  payable  in  not  more 
than  thirty  years  from  their  dates.  Indebtedness  incurred 
under  this  act  shall  be  in  excess  of  the  statutory  limit,  but 
shall,  except  as  provided  herein,  be  subject  to  chapter 
forty-four  of  the  General  Laws. 

Section  9.  The  receipts  from  sewer  assessments  and 
from  payments  made  in  lieu  thereof  shall  be  applied  to  the 
payment  of  charges  and  expenses  incident  to  the  maintenance 
and  operation  of  said  system  of  sewerage  and  sewage  disposal 
or  to  the  extension  thereof,  to  the  payment  of  interest  upon 
bonds  or  notes  issued  for  sewer  purposes,  or  to  the  payment 
or  redemption  of  such  bonds  or  notes. 

Section  10.  Said  board  of  sewer  commissioners  may 
annually  appoint  a  clerk  and  may  appoint  a  superintendent 
of  sewers  who  shall  not  be  a  member  of  the  board,  and  shall 
define  their  duties.  It  may  remove  the  clerk  or  superin- 
tendent at  its  pleasure.  Said  board  may,  in  its  discretion, 
prescribe  for  the  users  of  said  sewerage  systems  such  annual 
rentals  or  charges  based  on  the  benefits  derived  therefrom 
as  it  may  deem  proper,  subject,  however,  to  such  rules  and 
regulations  as  may  be  fixed  by  vote  of  the  district. 

Section  11.  All  contracts  made  by  the  board  of  sewer 
commissioners  shall  be  made  in  the  name  of  the  district  and 
shall  be  signed  by  the  board,  but  no  contract  shall  be  made 
or  obligation  incurred  by  said  board  for  any  purpose  in 
excess  of  the  amount  of  money  appropriated  by  the  district 
therefor. 

Section  12.  Said  board  may,  from  time  to  time,  pre- 
scribe rules  and  regulations  for  the  connection  of  estates  and 
buildings  with  sewers,  and  for  inspection  of  the  materials, 
the  construction,  alteration  and  use  of  all  connections  enter- 
ing into  such  sewers,  and  may  prescribe  penalties,  not  ex- 
ceeding twenty  dollars,  for  each  violation  of  any  such  rule  or 
regulation.  Such  rules  and  regulations  shall  be  published 
at  least  once  a  week  for  three  successive  weeks  in  some 
newspaper  published  in  the  town  of  Lancaster,  if  there  be 
any,  and  if  not,  then  in  some  newspaper  published  in  the 
county  of  Worcester,  and  shall  not  take  effect  until  such 
publications  have  been  made. 

Section  12A.  The  district  may  enter  into  an  agreement 
with  the  metropolitan  district  commission  for  the  use  of  the 
sewerage  facilities  of  said  commission  to  receive  and  treat 
the  sewage  of  the  district,  and  shall  pay  to  said  commission 
such  proportion  of  the  cost  of  construction  of  additional 
works  required  for  the  sewage  of  the  district  by  said  com- 
mission and  such  annual  charges  for  the  transportation  and 
treatment  of  sewage  as  shall  be  agreed  upon  by  the  district 
and  said  commission.  If  the  district  and  said  commission 
shall  be  unable  to  agree  as  to  the  proper  and  just  sum  or 
sums  which  shall  be  paid  by  the  town  of  Lancaster  to  said 
commission,  either  party  may  petition  the  supreme  judicial 


36  Acts,  1952.  —  Chap.  44. 

court,  which  shall  appoint  three  commissioners  to  deter- 
mine, subject  to  the  approval  of  the  court,  such  proportion 
of  the  cost  of  construction  and  such  annual  charges.  Such 
proportion  of  the  cost  of  construction  may  consist  of  a  sum 
in  gross  or  yearly  payments  to  be  made  to  the  said  commis- 
sion as  said  commissioners,  or  a  majority  of  them,  shall  de- 
cide. 

Section  13.  No  act  shall  be  done  under  authority  of  the 
preceding  sections  except  in  the  making  of  surveys  and  other 
preliminary  investigations,  until  the  plans  for  said  system  of 
sewerage  and  sewage  disposal  have  been  approved  by  the 
state  department  of  public  health.  Upon  application  to  said 
department  for  its  approval  it  shall  give  a  hearing,  after  due 
notice  to  the  public.  At  such  hearing,  plans  showing  the 
work  to  be  done  in  constructing  said  system  of  sewerage 
and  sewage  disposal  shall  be  submitted  for  approval  by 
said  department. 

Section  14.  Upon  a  petition  in  writing  addressed  to 
said  board  of  sewer  commissioners  requesting  that  certain 
real  estate,  accurately  described  therein,  located  in  said 
town  and  abutting  on  said  district  and  not  otherwise  served 
by  a  suitable  means  of  sewage  disposal  be  included  within 
the  limits  thereof,  and  signed  by  the  owners  of  such  real 
estate,  or  a  majority  thereof,  said  sewer  commissioners  shall 
cause  a  duly  warned  meeting  of  the  district  to  be  called,  at 
which  meeting  the  voters  may  vote  on  the  question  of  in- 
cluding said  real  estate  within  the  district.  If  a  majority  of 
the  voters  present  and  voting  thereon  vote  in  the  affirma- 
tive the  district  clerk  shall  within  ten  days  file  with  the 
town  clerk  of  said  town  and  with  the  state  secretary  an 
attested  copy  of  said  petition  and  vote ;  and  thereupon  said 
real  estate  shall  become  and  be  part  of  the  district  and  shall 
be  holden  under  this  act  in  the  same  manner  and  to  the 
same  extent  as  the  real  estate  described  in  section  one. 

Section  15.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  voters  of  said  district  voting 
thereon  at  an  annual  or  special  meeting  within  five  years  of 
its  passage.  Approved  February  13,  1952. 


Chap.  44  An  Act  relati\t:  to  the  filling  of  vacancies  in  the 
offices  of  medical  examiner  and  associate  medical 
examiner. 

Be  it  enacted,  etc.,  as  follows: 

EdVaJ^s'i  Section  1  of  chapter  38  of  the  General  Laws  is  hereby 

amended.     '  amended  bj'-  adding  at  the  end  the  following  paragraph :  — 

Filling  of  Any  vacancy  in  the  office  of  medical  examiner  or  associate 

me'dicar*"^  mcdical  examiner,  occurring  prior  to  the  expiration  of  the 

Ms^o^^i^te" '""'  ^6rm  of  such  officer,  shall  be  filled  by  appointment  by  the 

regulated.'  govcmor,  with  the  advice  and  consent  of  the  council,  for  a 
full  term  of  seven  years.          Approved  February  13,  1952. 


Acts,  1952.  —  Chaps.  45,  46,  47.  37 


An  Act  reclassifying  members  of  the  fire  departments  Chap.  45 
IN  cities  and  towns  by  changing  the  title  of  the 

POSITION    FROM    FIREMAN  TO    FIRE    FIGHTER. 

Be  it  enacted,  etc.,  as  follows: 

The  director  of  civil  service  shall  reclassify  members  of 
fire  departments  in  cities  and  towns  in  which  the  fire  service 
is  classified  under  the  civil  service  laws  and  rules  by  chang- 
ing the  title  of  the  position  from  fireman  to  fire  fighter. 

All  subsequent  appointments  to  such  positions  in  cities 
and  towns  in  which  the  fire  service  is  classified  under  the 
civil  service  laws  and  rules  shall  be  made  under  the  title  of 
fire  fighter.  Approved  February  13,  1952. 


An  Act  relative  to  the  tenure  of  office  of  the  pres-  CJiav.  46 

ENT  collector  OF  TAXES  IN  THE  TOWN  OF  SCITUATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  incumbent  of  the  office  of  collector  of 
taxes  in  the  town  of  Scituate  on  the  effective  date  of  this  act 
shall  hold  ofiice  during  good  behavior  unless  incapacitated  by 
physical  or  mental  disability  from  performing  the  duties  of 
collector  of  taxes  and  until  the  selectmen  shall  remove  him 
therefrom  in  accordance  with  the  provisions  of  chapter 
thirty-one  of  the  General  Laws,  and  the  rules  made  there- 
under, relative  to  removals  from  the  classified  public  service. 
Any  vacancy  in  the  office  of  collector  of  taxes  in  said  town 
while  said  incumbent  is  holding  office  during  good  behavior 
as  provided  by  this  act  shall  be  filled  by  election  by  a  vote  of 
a  majority  of  its  selectmen,  and  said  collector  of  taxes  shall 
serve  until  the  next  regular  town  election,  at  which  election 
a  collector  of  taxes  shall  be  elected  as  provided  by  law. 

Section  2.  This  act  shall  be  submitted  for  acceptance  to 
the  voters  of  said  town  at  the  annual  town  meeting  in  the 
current  year,  or  in  the  year  following  its  enactment  in  the 
form  of  the  following  question,  which  shall  be  placed  upon 
the  official  ballot  to  be  used  for  the  election  of  town  officers 
at  said  meeting:  —  "Shall  Joseph  R.  Dillon,  the  present  in- 
cumbent of  the  office  of  collector  of  taxes  of  the  town  of 
Scituate,  be  given  life  tenure?"  If  a  majority  of  the  votes 
in  answer  to  said  question  is  in  the  affirmative  then  this  act 
shall  thereupon  take  full  effect,  but  not  otherwise. 

Approved  February  13,  1952. 

An  Act  relative  to  the  tenure  of  office  of  the  pres-  (JJiqj)    47 

ENT  collector  OF  TAXES  OF  THE  TOWN  OF  NATICK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  incumbent  of  the  office  of  collector  of 
taxes  of  the  town  of  Natick,  on  the  effective  date  of  this  act, 
shall  hold  office  during  good  behavior  unless  incapacitated 


38  Acts,  1952.  —  Chap.  48. 

by  physical  or  mental  disability  from  performing  the  duties 
of  collector  of  taxes,  and  until  the  selectmen  shall  remove  him 
therefrom  in  accordance  with  the  provisions  of  chapter 
thirty-one  of  the  General  Laws,  and  the  rules  made  there- 
under, relative  to  removals  from  the  classified  public  seivice. 
Any  vacancy  in  the  office  of  collector  of  taxes  in  said  town 
while  said  incumbent  is  holding  office  during  good  behavior 
as  provided  by  this  act  shall  be  filled  by  election  by  vote  of 
a  majority  of  its  selectmen,  and  said  collector  of  taxes  shall 
serve  until  the  next  regular  town  election,  at  which  election 
a  collector  of  taxes  shall  be  elected  as  provided  by  law. 

Section  2.  This  act  shall  be  submitted  for  acceptance  to 
the  voters  of  said  town  at  the  annual  town  meeting  in  the 
current  year,  or  in  the  year  following  its  enactment,  in  the 
form  of  the  following  question,  which  shall  be  placed  upon 
the  official  ballot  to  be  used  for  the  election  of  town  officers 
at  said  meeting:  —  "Shall  Clarence  C.  Eldridge,  the  pres- 
ent incumbent  of  the  office  of  collector  of  taxes  of  the  town 
of  Natick,  be  given  life  tenure?"  If  a  majority  of  the  votes 
in  answer  to  said  question  is  in  the  affirmative,  then  this  act 
shall  thereupon  take  full  effect,  but  not  otherwise. 

Approved  February  IS,  1952. 


Chap.  48  An  Act  to  authorize  the  placing  of  the  office  of  chief 

OF  POLICE  OF  THE  TOWN  OF  DEERFIELD  UNDER  THE  CIVIL 
SERVICE  LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  chief  of  police  of  the  town  of 
Deerfield  shall  become  subject  to  the  civil  service  laws  and 
rules  relating  to  police  officers  in  towns,  and  the  tenure  of 
office  of  any  incumbent  thereof  shall  be  unlimited,  subject, 
however,  to  said  laws.  The  person  holding  said  office  shall 
be  subjected  to  a  qualifying  examination  by  the  division  of 
civil  service,  and  if  he  passes  said  examination  he  shall  be 
certified  for  said  office  and  shall  be  deemed  to  be  permanently 
appointed  thereto  without  being  required  to  serve  any  pro- 
bationary period. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of 
said  town  at  the  next  annual  town  meeting  in  the  form  of 
the  following  question,  which  shall  be  placed  upon  the  official 
ballot  to  be  used  for  the  election  of  town  officers  at  said 
meeting:  —  "Shall  an  act  passed  by  the  General  Court  in 
the  year  nineteen  hundred  and  fifty-two,  entitled  'An  Act 
to  authorize  the  placing  of  the  office  of  chief  of  police  of  the 
town  of  Deerfield  under  the  civil  service  laws',  be  accepted?" 
If  a  majority  of  the  votes  in  answer  to  said  question  is  in  the 
affirmative,  then  this  act  shall  thereupon  take  full  effect, 
but  not  otherwise.  Approved  February  13,  1952. 


Acts,  1952. —  Chaps.  49,  50.  39 


An  Act  authorizing  the  town  of  wayland  to  borrow  Qfi^jy    49 

MONEY    FOR   SCHOOL    PURPOSES, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  constructing  and  originally 
equipping  and  furnishing  additions  to  existing  school  build- 
ings, the  town  of  Wayland  may  borrow  from  time  to  time, 
within  a  period  of  five  years  from  the  passage  of  this  act, 
such  sums  as  may  be  necessaiy,  not  exceeding,  in  the  aggre- 
gate, two  hundred  and  twenty-five  thousand  dollars,  and 
may  issue  bonds  or  notes  therefor,  which  shall  bear  on  their 
face  the  words,  Wayland  School  Building  Loan,  Act  of  1952. 
Each  authorized  issue  shall  constitute  a  separate  loan,  and 
such  loans  shall  be  paid  in  not  more  than  twenty  years  from 
their  dates.  Indebtedness  incurred  under  this  act  shall  be 
in  excess  of  the  statutory  limit,  but  shall,  except  as  herein 
provided,  be  subject  to  chapter  forty-four  of  the  General 
Laws,  inclusive  of  the  limitation  contained  in  the  first  para- 
graph of  section  seven  thereof. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  15,  1952. 

An  Act  authorizing  the  town  of  mansfield  to  provide  nhfjr)     50 
A  scholarship  fund  for  graduates  of  the  high  school   ^      "• 

OF  SAID  TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  The  town  of  Mansfield  is  hereby  authorized 
to  raise  and  appropriate  the  sum  of  three  thousand  dollars 
to  provide  a  scholarship  fund  the  income  of  which  may  be 
used  for  the  higher  education  of  graduates  of  the  high  school 
of  said  town  living  therein,  and  said  fund  shall  be  dedicated 
as  a  memorial  to  veterans  of  World  War  IL 

Section  2.  Said  town  is  hereby  further  authorized  to 
provide,  by  vote  of  the  town,  for  the  election  by  the  voters 
or  the  appointment  by  its  selectmen  of  a  board  of  trustees, 
consisting  of  such  number  of  members  as  the  town  shall  by 
vote  determine,  to  administer  said  fund,  which  shall  be 
held  in  the  custody  of  the  town  treasurer,  together  with 
any  contributions  thereto  from  private  sources,  which  con- 
tributions the  town,  or  said  trustees  in  its  behalf,  may  from 
time  to  time  receive.  The  town  by  vote  may  fix  the  terms 
of  office  of  said  trustees,  and  make  other  provisions  in  respect 
to  the  administering  of  said  fund  not  inconsistent  with  the 
provisions  of  this  act. 

Section  3.  Action  taken  under  authority  of  this  act  at 
the  annual  meeting  of  the  town  of  Mansfield  held  in  the 
current  year  shall  be  as  effective  in  all  respects  as  though 
this  act  had  been  in  full  force  and  effect  on  the  date  when 
the  warrant  for  such  meeting  was  posted. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  15,  1952. 


40  Acts,  1952.  —  Chaps.  51,  52,  53. 

Chap.  51  An  Act  relative  to  the  number  of  directors  of  a 

DOMESTIC  MUTUAL  LIFE   INSURANCE   COMPANY  WHO   SHALL 
BE  RESIDENTS  OF  THE  COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Ed.),  175,  Section  94  of  chapter  175  of  the  General  Laws,  as  amended, 

amended.'         ^^  hereby  further  amended  by  striking  out  the  third  para- 
graph, as  appearing  in  the  Tercentenary  Edition,  and  insert- 
ing in  place  thereof  the  following :  — 
S^ectorrof"^  A  majority  of  the  directors  shall  always  be  residents  of 

domestic  the  commonwealth,  and,  after  the  first  election,  the  directors 

insurance "^  shall  be  choseu  by  and  from  the  policyholders;  provided, 
companies.  j-j^g^^  jj^  ^g^gg  ^f  ^  company  having  outstanding  a  guaranty 
capital,  one  third  of  the  directors  may  be  chosen  by  and 
from  the  stockholders  thereof.  No  person  shall  be  qualified 
to  serve  as  a  director  after  he  ceases  to  be  such  a  policyholder 
or  stockholder,  as  the  case  may  be. 

Approved  February  15,  1952. 

Chap.  52  An  Act  authorizing  the  town  of  stoughton  to  pay  a 

SUM  OF  MONEY  TO  CHARLES  McNAMARA. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral 
obligation,  the  town  of  Stoughton  is  hereby  authorized  to 
appropriate  and  pay  the  sum  of  nineteen  hundred  dollars 
to  Charles  McNamara  of  said  town  to  compensate  him  for 
the  loss  of  cattle  due  to  the  use  by  said  town  of  a  poisonous 
spray  on  or  about  June  thirtieth,  nineteen  hundred  and 
fifty. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  town  meeting  members 
of  said  town  at  a  regular  or  special  town  meeting  called  for 
the  purpose,  but  not  otherwise. 

Approved  February  15,  1952. 

Chap.  53  An  Act  to  authorize  an  increase  in  the  number  of 

trustees   of    BRADFORD   JUNIOR   COLLEGE. 

Emergenry  Whcrcas,   The  deferred  operation  of  this  act  would  tend 

pream  e.  ^^  defeat  its  pui'pose,  which  in  part  is  to  provide  without 
delay  for  an  increase  in  the  number  of  tru.stees  of  the  corpo- 
ration specified  therein,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  number  of  trustees  of  Bradford  Junior 
College  shall  hereafter  be  limited  to  twenty-four  instead  of 
fifteen  as  now  provided  by  law. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  said  corporation,  and  the  filing  with  the 
state  secretary  of  a  certified  copy  of  said  vote,  but  not 
otherwise.  Approved  February  20,  1952. 


Acts,  1952. —  Chaps.  54,  55.  41 

An  Act  relative  to  the  borrowing  of  money  by  cities  (7/^^^)    54 
and  towns  for  remodeling,  reconstructing  or  mak-         ^' 
ing  extraordinary  repairs  to  public  buildings. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^^l^^^{^'^ 
to  defeat  its  purpose,  which  in  part  is  to  authorize  the  bor- 
rowing of  money  by  cities  and  towns  without  delay  for  the 
purposes  specified  therein,  therefore  it  is  hereby  declared  to 
be  an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  first  paragraph  of  section  1  of  chapter  275  of  the  acts 
of  1948  is  hereby  amended  by  inserting  after  the  word 
"year",  in  line  17,  the  words:  —  ,  exclusive  of  the  value  of 
motor  vehicles  and  trailers  and  the  value  of  ships  and  ves- 
sels on  which  a  vessel  excise  tax  is  based,  —  so  as  to  read  as 
follows:  —  Subject  to  the  provisions  of  this  act,  any  city  or 
town,  by  a  two  thirds  vote  as  defined  in  section  one  of  chap- 
ter forty-four  of  the  General  Laws,  and  with  the  approval  of 
the  emergency  finance  board  established  under  section  one 
of  chapter  forty-nine  of  the  acts  of  nineteen  hundred  and 
thirty-three,  may  borrow  inside  of  its  limit  of  indebtedness 
as  prescribed  by  section  ten  of  said  chapter  forty-four,  for 
remodeling,  reconstructing  or  making  extraordinary  repairs 
to  public  buildings  owned  by  the  city  or  town,  and  may  is- 
sue bonds  or  notes  therefor.  Each  authorized  issue  shall  con- 
stitute a  separate  loan  and  such  loans  shall  be  paid  within 
such  period,  not  more  than  ten  years  from  their  dates,  as 
said  board  shall  fix.  No  loan  shall  be  authorized  in  any  year 
under  authority  of  this  act  unless  a  sum  equivalent  to  one 
dollar  on  each  one  thousand  dollars  of  the  assessed  valuation 
of  the  city  or  town  for  the  preceding  year,  exclusive  of  the 
value  of  motor  vehicles  and  trailers  and  the  value  of  ships 
and  vessels  on  which  a  vessel  excise  tax  is  based,  has  been 
appropriated  from  available  revenue  funds  or  voted  to  be 
raised  by  taxation  in  the  year  when  the  loan  is  authorized. 

Approved  February  25,  1952. 

An  Act  authorizing  the  town  of  marblehead  to  pay  Qliar)    55 

AN  ANNUITY  TO  THE  WIDOW  OF  REUBEN  PAINE,  A  FORMER 
MEMBER  OF  THE  POLICE  DEPARTMENT  OF  SAID  TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  promoting  the  public  good, 
and  in  consideration  of  the  long  and  eifficient  service  of  Reu- 
ben Paine  as  a  member  of  the  police  department  of  the  town 
of  Marblehead,  said  town  may  appropriate  and  pay  to  Edna 
R.  Paine,  widow  of  said  Reuben  Paine,  an  annuity  for  life, 
not  to  exceed  one  thousand  dollars,  the  same  to  be  paid  in 
equal  monthly  instalments. 

Section  2,    This  act  shall  take  effect  upon  its  passage. 

Approved  February  25,  1952. 


42 


Acts,  1952. —  Chaps.  56,  57. 


G.  L.  (Ter. 
Ed.),  44,  §  10, 
etc.,  amended. 


Limit  of 
indebtedness 
in  cities  and 
towns, 
regulated. 


Chap.  56  An  Act  relative  to  the  limit  of  indebtedness  in  cities 

AND  towns. 

prTambie^*  Wkcreas,  There  is  immediate  need  for  the  enlargement  of 

the  borrowing  capacity  of  cities  and  towns  as  provided  by 
this  act,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  44  of  the  General  Laws  is  hereby  amended  by 
striking  out  section  10,  as  most  recently  amended  by  chapter 
51  of  the  acts  of  1950,  and  inserting  in  place  thereof  the 
following:  —  Section  10.  Except  as  otherwise  authorized 
by  law,  a  city  shall  not  authorize  indebtedness  to  an  amount 
exceeding  two  and  one  half  per  cent,  and  a  town  shall  not 
authorize  indebtedness  to  an  amount  exceeding  five  per  cent, 
on  the  average  of  the  assessors'  valuations  of  the  taxable 
property  for  the  three  preceding  years,  the  valuations  being 
first  reduced  by  the  amount  of  all  abatements  allowed  thereon 
previous  to  December  thirty-first  of  the  preceding  year; 
provided,  that  the  value  of  motor  vehicles  and  trailers 
taxable  under  chapter  sixty  A,  as  determined  thereunder, 
shall  be  used  in  determining  the  valuation  of  taxable  property 
for  the  purposes  of  this  section.  With  the  approval  of  the 
emergency  finance  board,  established  under  chapter  forty- 
nine  of  the  acts  of  nineteen  hundred  and  thirty-three,  a  city 
may  authorize  indebtedness  in  excess  of  two  and  one  half 
per  cent  but  not  in  excess  of  five  per  cent,  and  a  town  may 
authorize  indebtedness  in  excess  of  five  per  cent  but  not 
in  excess  of  ten  per  cent,  on  the  aforesaid  average  of  the 
assessors'  valuations  of  the  taxable  property.  All  authorized 
debts,  except  those  expressly  authorized  by  law  to  be  in- 
curred outside  the  debt  limit,  shall  be  reckoned  in  determin- 
ing its  limit  of  indebtedness  under  this  section.  In  de- 
termining the  debt  limit  for  Boston  hereunder  the  provisions 
of  chapter  ninety-three  of  the  acts  of  eighteen  hundred  and 
ninety-one  and  of  section  one  of  chapter  one  hundred  and 
ninety-one  of  the  acts  of  nineteen  hundred  and  three  shall 
apply.  The  members  of  the  emergency  finance  board,  when 
acting  under  this  section,  shall  receive  from  the  common- 
wealth compensation  to  the  same  extent  as  provided  under 
chapter  three  hundred  and  sixty-six  of  the  acts  of  nineteen 
hundred  and  thirty-three,  as  amended,  and  chapter  seventy- 
four  of  the  acts  of  nineteen  hundred  and  forty-five. 

Approved  February  25,  1952. 

Chap.  57  An  Act  authorizing  the  town  of  north  attleborough 

TO   BORROW   MONEY   FOR   SCHOOL   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  constructing  and  originally 
equipping  and  furnishing  an  addition  to  the  existing  high 
school  and  junior  high  school  building,  and  for  the  purpose 


Acts,  1952.  —  Chaps.  58,  59.  43 

of  remodeling,  reconstructing  and  making  extraordinarj'- 
repairs  to  said  building,  the  town  of  North  Attleborough 
may  borrow  from  time  to  time,  within  a  period  of  five  years 
from  the  passage  of  this  act,  such  sums  as  may  be  necessary, 
not  exceeding,  in  the  aggregate,  six  hundred  thousand 
dollars,  and  may  issue  bonds  or  notes  therefor,  which  shall 
bear  on  their  face  the  words.  North  Attleborough  School 
Loan,  Act  of  1952.  Each  authorized  issue  shall  constitute  a 
separate  loan,  and  such  loans  shall  be  paid  in  not  more  than 
twenty  years  from  their  dates.  Indebtedness  incurred  under 
this  act  shall  be  in  excess  of  the  statutory  limit,  but  shall, 
except  as  provided  herein,  be  subject  to  chapter  forty-four 
of  the  General  Laws,  exclusive  of  the  limitation  contained 
in  the  first  paragraph  of  section  seven  thereof. 

Section  2.  Action  may  be  taken  under  this  act  at  the 
annual  town  meeting  of  said  town  in  the  current  year,  not- 
withstanding that  this  act  may  not  have  been  in  effect  at  the 
time  the  warrant  for  said  meeting  was  posted  and  published. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  25,  1952. 

An  Act  increasing  the  amount  of  money  the  city  of  Qhnj)     Kg 

LAWRENCE  MAY  APPROPRIATE  FOR  THE  PURPOSES  OF  THE 
DEVELOPMENT  AND   INDUSTRIAL  COMMITTEE  OF  SAID   CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  Section  1  of  chapter  661  of  the  acts  of  1950  is 
hereby  amended  by  striking  out,  in  line  4,  the  word  "three" 
and  inserting  in  place  thereof  the  word:  —  five, — and 
by  striking  out,  in  line  5,  the  word  "fifteen"  and  inserting  in 
place  thereof  the  word :  —  fifty,  —  so  that  the  first  sentence 
will  read  as  follows:  —  Notwithstanding  the  provisions  of  any 
general  or  special  law  to  the  contrary,  the  city  of  Lawrence 
may  appropriate  from  available  funds  or  otherwise,  annually, 
for  five  years  commencing  in  the  current  year,  a  sum  not  to 
exceed  fifty  thousand  dollars  in  any  one  year,  for  the  purpose 
of  creating  in  the  department  of  finance  and  public  affairs 
in  said  city  a  committee  for  industrial  development  for  the 
promotion  and  development  of  the  industrial  resources  of 
said  city. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  25,  1952. 

An  Act  validating  the  acts  and  proceedings  at  an  Chav    59 

ADJOURNED  SPECIAL  TOWN  MEETING  OF  THE  TOWN  OF 
WALPOLE  HELD  IN  THE  YEAR  NINETEEN  HUNDRED  AND 
FIFTY-ONE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  acts  and  proceedings  of  the  town  of 
Walpole  at  the  adjourned  special  town  meeting  held  on  the 
tenth  day  of  September  in  the  year  nineteen  hundred  and 


44 


Acts,  1952. —  Chaps.  60,  61,  62. 


fifty-one,  and  all  acts  done  in  pursuance  thereof,  are  hereby 
confirmed  and  made  vahd,  notwithstanding  the  failure  to 
give  notice  of  the  adjournment  as  required  by  the  by-laws 
of  said  town,  to  the  same  extent  as  if  the  said  adjourned 
session  had  been  called,  held,  conducted  and  adjourned  in 
strict  compliance  with  law. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  25,  1952. 


Chap.  60  An  Act  relative  to  the  determination  of  benefits 

PAYABLE   UNDER  THE  WORKMEN'S   COMPENSATION   LAW   IN 
THE   CASE   OF   CERTAIN   SPECIFIED    INJURIES. 


G.  L.  (Ter. 
Ed.),  152. 
§  36,  etc., 
amended. 


Specific 
payments  for 
certain 
injuries. 


Be  it  enacted,  etc.,  as  follows: 

Section  36  of  chapter  152  of  the  General  Laws  is  hereby 
amended  by  striking  out  paragraphs  (h)  and  (i) ,  as  appearing 
in  chapter  519  of  the  acts  of  1949,  and  inserting  in  place 
thereof  the  following  two  paragraphs:  — 

(h)  For  bodily  disfigurement  the  number  of  weeks  which, 
according  to  the  determination  of  the  industrial  accident 
board,  reviewing  board  or  single  member,  is  a  proper  and 
equitable  compensation,  not  to  exceed  one  hundred  and 
twenty-five  wrecks,  which  sum  shall  be  payable  in  addition 
to  all  other  sums  under  this  section  wherever  the  same  shall 
be  applicable. 

(i)  For  loss  of  bodily  functions  or  sense  other  than  hearing 
and  sight  the  number  of  weeks  which,  according  to  the 
determination  of  said  board,  reviewing  board  or  single 
member,  is  a  proper  and  equitable  compensation,  not  to 
exceed  one  hundred  weeks.      Approved  February  25,  1952. 


Chap.  61  An  Act  further  regulating  the  erection  by  cities 

AND    TOWNS    OF    CERTAIN    SIGNS    ON    STATE    HIGHWAYS. 


G.  L.  (Ter. 
Ed.),  85, 
§  21A,  etc., 
amended. 

Certain  signs 
on  state 
highways, 
regulated. 


Be  it  enacted,  etc.,  as  follows: 

Chaplier  85  of  the  General  Laws  is  hereby  amended  by 
striking  out  section  21  A,  inserted  by  chapter  618  of  the  acts 
of  1951,  and  inserting  in  place  thereof  the  following  sec- 
tion:—  Section  21  A.  Subject  to  the  provisions  of  section 
two,  cities  and  towns  are  hereby  authorized  to  erect  and 
maintain  on  state  and  town  and  city  highways  such  warning 
signs,  lights  or  markings  as  are  necessary  for  the  protection 
of  school  children.  Approved  February  25,  1952. 


Chap.  62  An  Act  authorizing  the  city  of  Worcester  to  appro- 
priate MONEY  FOR  THE  SANDING  OF  PRIVATE  WAYS  OPEN 
TO   PUBLIC  USE  IN  CERTAIN  CASES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Worcester  may  appropriate 
money  for  the  sanding  of  such  private  ways  within  its  hmits 
and  open  to  public  use  as  may  be  designated  by  the  city 


Acts,  1952. —  Chaps.  63,  64.  45 

council  of  said  city  when  such  ways  are  dangerous  for  travel 
by  reason  of  snow  or  ice  thereon;  provided,  that  for  the 
purposes  of  section  twenty-five  of  chapter  eighty-four  of  the 
General  Laws,  the  sanding  of  such  a  way  shall  not  constitute 
a  repair  of  a  way. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  city  council  of  said  city,  but  not 
otherwise.  Approved  February  25,  1952. 


An  Act  providing  that  persons  issuing  employment  Chart    63 

PERMITS  SHALL  NOT  RETAIN  CERTAIN  CERTIFICATES  OR 
RECORDS  OF  AGE  PROVIDED  BY  ANY  CHILD. 

Be  it  enacted,  etc.,  as  follows: 

Section  87  of  chapter  149  of  the  General  Laws,  as  amended  g- l.  (Ter. 
by  section  10  of  chapter  461  of  the  acts  of  1939,  is  hereby  §8"7,'e\t^.' 
further  amended  by  inserting  after  subsection  (4)   (e)  the  ^'"^nded. 
following  paragraph : — 

No  superintendent  of  schools,  school  committee  or  other  Retention  of 
person  authorized  to  receive,  examine,  approve  and  file  such  ^rmi't^?^''"*' 
evidence  of  age,  shall  retain  against  the  will  of  such  child,  regulated. 
his  parent  or  guardian,  such  evidence  of  age,  for  a  longer 
time  than  is  reasonably  necessary  for  making  a  copy,  photo- 
stat or  reasonable  facsimile  thereof,  which  shall  be  filed  in 
place  of  the  original  and  the  original  shall  be  returned  to  such 
child,  his  parent  or  guardian. 

Approved  February  25,  1952. 


An  Act  relative  to  the  tenure  of  office  of  the  present  Phn'n    g4 

COLLECTOR    OF    TAXES    OF    THE    TOWN    OF    WATERTOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  incumbent  of  the  office  of  collector  of 
taxes  in  the  town  of  Watertown  on  the  effective  date  of 
this  act  shall  hold  office  during  good  behavior  unless  in- 
capacitated by  physical  or  mental  disability  from  perform- 
ing the  duties  of  collector  of  taxes,  and  until  the  selectmen 
shall  remove  him  therefrom  in  accordance  with  the  provi- 
sions of  chapter  thirty-one  of  the  General  Laws,  and  the  rules 
made  thereunder,  relative  to  removals  from  the  classified 
public  service.  Any  vacancy  in  the  office  of  collector  of 
taxes  in  said  town  while  said  incumbent  is  holding  office 
during  good  behavior,  as  provided  by  this  act,  shall  be  filled 
by  election  by  a  vote  of  a  majority  of  its  selectmen,  and  said 
collector  of  taxes  shall  serve  until  the  next  regular  town 
election,  at  which  election  a  collector  of  taxes  shall  be  elected 
as  provided  by  law. 

Section  2.  This  act  shall  be  submitted  for  acceptance  to 
the  voters  of  said  town  at  the  annual  town  meeting  in  the 
current  year,  or  in  the  year  following  its  enactment,  in  the 
form  of  the  following  question,  which  shall  be  placed  upon 


46  Acts,  1952.  —  Chaps.  65,  66. 

the  official  ballot  to  be  used  for  the  election  of  town  officers 
at  said  meeting:  —  "Shall  John  J.  Kennedy,  the  present 
incumbent  of  the  office  of  collector  of  taxes  of  the  town  of 
Watertown,  be  given  life  tenure?"  If  a  majority  of  the  votes 
in  answer  to  said  question  is  in  the  affirmative,  then  this 
act  shall  thereupon  take  full  effect,  but  not  otherwise. 

Approved  February  25,  1952. 

Chap.  65  An  Act   authorizing  the   city   of   cambridoe   to   use 

CERTAIN  PARK  LAND  FOR  SCHOOL  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Cambridge  is  hereby  authorized 
to  use  Dana  park,  located  at  Magazine  and  Lake  streets  in 
said  city,  for  the  erection  of  a  public  school  building  or  for 
other  school  purposes,  or  for  all  purposes  incidental  thereto. 
Said  city  may  acquire  by  eminent  domain,  or  otherwise,  all 
existing  rights  or  interests,  if  any,  in  said  land  belonging  to 
the  heirs  of  Edward  T.  Dana  by  reason  of  a  deed  dated 
December  fifth,  eighteen  hundred  and  eighty-five  and  re- 
corded with  Middlesex  South  District  Deeds,  in  book  730, 
page  354. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  city  council  of  said  city,  subject  to  the 
provisions  of  its  charter,  but  not  otherwise. 

Approved  February  25,  1952. 

Chap.  66  An  Act  relative  to  the  interim  disposition  of  the 
proceeds  from  the  issue  of  notes  of  counties. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter  Scctiou  37A  of  chapter  35  of  the  General  Laws,  as  amended 

f  37A^'etc.,       by  chapter  29  of  the  acts  of  1933,  is  hereby  further  amended 
amended.  j^y  inserting  bcfore  the  last  sentence  the  following  sen- 

tence :  —  A  treasurer  of  a  county  may  invest  not  more  than 
eighty  per  cent  of  the  proceeds  from  the  issue  of  notes,  ex- 
clusive of  temporary  notes  issued  in  anticipation  of  revenue 
or  of  serial  note  issues,  prior  to  their  application  to  the  pay- 
ment of  liabilities  incurred  for  the  purposes  specified  in  the 
authorization  of  the  loan,  in  certificates  of  deposit  in  trust 
companies  or  national  banks  or  in  United  States  treasury 
Disposition  of    biUs,  —  SO  as  to  read  as  follows:  —  Section  37 A.    Counties 
i'ssue'^of^cer-"'    shall  uot  issuc  any  bonds  or  notes  payable  on  demand,  and 
co^ndes*'^  °f      they  shall  provide  for  the  payment  of  all  debts,  except  those 
regulated.         incurrcd  in  anticipation  of  revenue  or  in  anticipation  of  re- 
imbursement from  cities  and  towns,  by  such  annual  payments 
as  will  extinguish  the  same  at  maturity,  and  so  that  the  first 
of  such  annual  payments  on  account  of  any  loan  shall  be 
made  not  later  than  one  year  after  the  date  of  the  bond  or 
note  issued  therefor,  and  so  that  the  amount  of  such  annual 
payment  in  any  year  on  account  of  such  debt,  so  far  as  issued, 
shall  not  be  less  than  the  amount  of  the  principal  payable  in 


Acts,  1952. —Chap.  67.  47 

any  subsequent  year.  The  proceeds  of  any  sale  of  bonds  or 
notes,  except  premiums,  shall  be  used  only  for  the  purposes 
specified  in  the  original  authorization  of  the  loan;  provided, 
that  unexpended  amounts  may  be  applied  to  maturing  an- 
nual payments  of  the  same  loan,  and  provided,  further,  that 
so  much  of  such  proceeds  as  has  not  been  so  applied  at  the 
expiration  of  two  years  from  the  completion  of  the  project 
for  which  the  loan  was  authorized  shall  become  part  of  the 
next  general  unappropriated  balance  established  under  sec- 
tion twenty-nine  or,  if  such  loan  was  made  on  behalf  of  a 
district,  shall  be  applied  in  reduction  of  assessments  to  be 
made  upon  it  by  the  county.  A  treasurer  of  a  county  may 
invest  not  more  than  eighty  per  cent  of  the  proceeds  from 
the  issue  of  notes,  exclusive  of  temporary  notes  issued  in 
anticipation  of  revenue  or  of  serial  note  issues,  prior  to  their 
application  to  the  payment  of  liabilities  incurred  for  the 
purposes  specified  in  the  authorization  of  the  loan,  in  cer- 
tificates of  deposit  in  trust  companies  or  national  banks  or 
in  United  States  treasury  bills.  Any  premium  received  upon 
such  bonds  or  notes,  less  the  cost  of  preparing,  issuing  and 
marketing  them,  shall  be  applied  to  the  payment  of  the 
principal  of  the  first  bond  or  note  to  mature. 

Approved  February  25,  1952. 

An  Act  relative  to  the  tenure  of  office  of  the  present  QJiajy    q7 

AUDITOR   OF  THE   TOWN   OF   WATERTOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  incumbent  of  the  office  of  auditor  in  the 
town  of  Watertown  on  the  effective  date  of  this  act  shall  hold 
office  during  good  behavior  unless  incapacitated  by  physical 
or  mental  disability  from  performing  the  duties  of  auditor 
and  until  the  selectmen  shall  remove  him  therefrom  in  ac- 
cordance with  the  provisions  of  chapter  thirty-one  of  the 
General  Laws,  and  the  rules  made  thereunder,  relative  to 
removals  from  the  classified  public  service.  Any  vacancy  in 
the  office  of  auditor  in  said  town  while  said  incumbent  is 
holding  office  during  good  behavior,  as  provided  by  this  act, 
shall  be  filled  by  election  by  a  vote  of  a  majority  of  its  select- 
men, and  said  auditor  shall  serve  until  the  next  regular  town 
election,  at  which  election  an  auditor  shall  be  elected  as  pro- 
vided by  law. 

Section  2.  This  act  shall  be  submitted  for  acceptance  to 
the  voters  of  said  town  at  the  annual  town  meeting  in  the 
current  year,  or  in  the  year  following  its  enactment,  in  the 
form  of  the  following  question,  which  shall  be  placed  upon 
the  official  ballot  to  be  used  for  the  election  of  town  officers 
at  said  meeting:  —  "Shall  William  W.  Norcross,  Jr.,  the 
present  incumbent  of  the  office  of  auditor  of  the  town  of 
Watertown,  be  given  life  tenure?  "  If  a  majority  of  the  votes 
to  said  question  is  in  the  affirmative,  then  this  act  shall 
thereupon  take  full  effect,  but  not  otherwise. 

Approved  February  25,  1952. 


48  Acts,  1952. —  Chaps.  68,  69,  70. 

Chap.  68  A.N  Act  relative  to  the  tenure  of  office   of  the 

PRESENT  TREASURER  OF  THE  TOWN  OF  WATERTOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  incumbent  of  the  office  of  treasurer  in 
the  toAvn  of  Watertown  on  the  effective  date  of  this  act  shall 
hold  office  during  good  behavior  unless  incapacitated  by 
physical  or  mental  disabiUty  from  performing  the  duties  of 
treasurer  and  until  the  selectmen  shall  remove  him  there- 
from in  accordance  with  the  provisions  of  chapter  thirty-one 
of  the  General  Laws,  and  the  rules  made  thereunder,  relative 
to  removals  from  the  classified  public  service.  Any  vacancy 
in  the  office  of  treasurer  in  said  to^vn  while  said  incumbent  is 
holding  office  during  good  behavior,  as  provided  by  this  act, 
shall  be  filled  by  election  by  a  vote  of  a  majority  of  its  select- 
men, and  said  treasurer  shall  serve  until  the  next  regular 
town  election,  at  which  election  a  treasurer  shall  be  elected 
as  provided  by  law. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  voters  of  said  town  at  the  annual  meeting  in  the  cur- 
rent year,  or  in  the  year  following  its  enactment,  in  the  form 
of  the  following  question,  which  shall  be  placed  upon  the 
official  ballot  to  be  used  for  the  election  of  town  officers  at 
said  meeting:  —  "Shall  James  H.  Sheridan,  the  present  in- 
cumbent of  the  office  of  treasurer  of  the  town  of  Watertown, 
be  given  life  tenure?"  If  a  majority  of  the  votes  in  answer 
to  said  question  is  in  the  aflfirmative,  then  this  act  shall 
thereupon  take  full  effect,  but  not  otherwise. 

Approved  February  25,  1952. 

Chap.  69  An  Act  relative  to  the  minimum  salary  for  public 

SCHOOL    teachers. 

Be  it  enacted,  etc.,  as  follows: 

EdVnTio        Section  40  of  chapter  71  of  the  General  Laws,  as  most 

etc!, 'amended,    recently  amended  by  chapter  499  of  the  acts  of  1951,  is 

hereby  further  amended  by  striking  out  the  first  sentence 

and  inserting  in  place  thereof  the  following  sentence :  — 

^l^^imum         The  compensation  of  every  teacher  employed  in  any  public 

pubiw  school     day  school  in  the  commonwealth,  except  persons  in  training 

regukted.         ^^^  thosc  employed  as  temporary  substitutes,  shall  be  at  a 

rate  of  not  less  than  twenty-three  hundred  dollars  in  towns 

of  less  than  two  and  one  half  million  dollars  valuation  for  the 

fiscal  year  preceding  and  in  all  other  towns  at  a  rate  of  not 

less  than  twenty-five  hundred  dollars  for  the  school  year  in 

that  school.  Approved  February  25,  1952. 

Chap.   70  An  Act  relative  to  the  membership  of  the  school 

committee  of  the  city  of  TAUNTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  23  of  chapter  448  of  the  acts  of  1909 
is  hereby  amended  by  striking  out,  in  line  2,  the  word  "nine" 
and  inserting  in  place  thereof  the  word:  —  eight,  —  so  as 


Acts,  1952. —  Chaps.  71,  72.  49 

to  read  as  follows :  —  Section  23.  The  school  committee  of 
said  city  shall  consist  of  the  mayor,  ex  officio,  and  eight 
members  elected  as  herein  provided.  Five  members  shall 
constitute  a  quorum.  No  site  for  a  school  building  shall 
be  acquired  by  said  city  unless  the  approval  of  such  site  by 
the  school  committee  is  first  obtained.  No  plans  for  the 
construction  of,  or  alterations  in,  a  school  building  shall  be 
accepted,  and  no  work  shall  be  begun  on  the  construction 
or  alteration  of  a  school  building,  unless  the  approval  of  the 
school  committee  therefor  is  first  obtained. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Taunton  at  the  biennial 
state  election  in  the  current  year  in  the  form  of  the  following 
question,  which  shall  be  placed  upon  the  official  ballot  to 
be  used  in  said  city  at  said  election:  —  "Shall  an  act  passed 
by  the  general  court  in  the  current  year  providing  for  eight 
members  of  the  school  committee,  instead  of  nine  as  at 
present,  in  addition  to  the  mayor  as  a  member,  be  accepted?  " 
If  a  majority  of  the  votes  in  answer  to  said  question  is  in 
the  affirmative,  then  this  act  shall  take  full  effect  upon  the 
expiration  of  the  terms  of  the  present  members  of  the  school 
committee.  Approved  February  25,  1962. 


An  Act  authorizing  the  placing  of  a  certain  position 
in  labor  service  in  the  city  of  worcester  under  the 

civil  service  LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  position  in  the  labor  service  of  the  city 
of  Worcester  school  department  held  by  William  H.  Pressey, 
upon  the  effective  date  of  this  act,  shall  become  subject  to 
the  civil  service  laws  and  rules,  and  the  tenure  of  office  of 
said  William  H.  Pressey  shall  be  unlimited,  subject,  however, 
to  said  laws;  provided,  that  he  passes  a  qualifying  examina- 
tion to  which  he  shall  be  subjected  by  the  division  of  civil 
service. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance, during  the  current  year,  by  vote  of  the  school  com- 
mittee of  said  city,  subject  to  the  provisions  of  its  charter, 
but  not  otherwise.  Approved  February  26,  1962. 


Chap.  71 


Chap.  72 


An  Act  relative  to  the  filing  of  evidence  of  certain 

births    and    DEATHS    OCCURRING    IN    ANOTHER    STATE    OR 
WITHOUT   THE   UNITED   STATES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  46  of  the  General  Laws  is  hereby  amended  by  in-  g.  l.  (Ter. 
sorting  after  section  lA,  inserted  by  section  1  of  chapter  61  f§*iB^andlc 
of  the  acts  of  1939,  the  following  two  sections:  —  Section  IB.  added. 
Any  resident  of  this  commonwealth  who  is  the  parent  of  a  ^®be  rec'^Jrded 
child  born  outside  the  conmion wealth  may  personally  pre-  by  city  and 

town  clerks. 


50 


Acts,  1952.  —  Chap.  73. 


Certain  deaths 
to  be  recorded 
by  city  and 
town  clerks. 


sent  to  the  town  clerk  of  the  town  where  such  parent  was 
domiciled  at  the  time  of  such  birth  an  original  certificate  or 
other  written  evidence  of  the  same,  or  a  duly  authenticated 
photostatic  copy  thereof.  The  town  clerk  may  file  such 
certificate,  WTitten  evidence  or  photostatic  copy  as  evidence 
establishing  such  birth,  or  may  make  a  copy  thereof,  w^hich 
he  shall  attest  as  a  true  copy,  and  w^hich  he  may  then  file  as 
such  evidence. 

If  such  certificate,  written  evidence  or  photostatic  copy  is 
not,  in  the  opinion  of  the  town  clerk,  sufficient  to  establish 
such  birth,  and  he  refuses  to  file  the  same,  a  judge  of  probate 
in  the  county  wherein  such  town  lies  may,  on  petition  and 
after  a  hearing,  order  him  to  receive  such  certificate,  written 
evidence  or  photostatic  copy  as  sufficient  evidence  to  estab- 
lish such  birth,  whereupon  such  clerk  shall  file  the  same. 

Section  IC.  The  spouse  or  heirs  at  law  of  any  resident  of 
this  commonwealth  who  dies  outside  the  commonwealth  may 
personally  present  to  the  towai  clerk  of  the  town  where  such 
person  was  domiciled  at  the  time  of  his  death  an  original 
certificate  or  other  written  evidence  of  the  same,  or  a  duly 
authenticated  photostatic  copy  thereof.  The  town  clerk  may 
file  such  certificate,  written  evidence  or  photostatic  copy  as 
evidence  establishing  such  death,  or  may  make  a  copy 
thereof,  which  he  shall  attest  as  a  true  copy,  and  which  he 
may  then  file  as  such  evidence. 

If  such  certificate,  written  evidence  or  photostatic  copy  is 
not,  in  the  opinion  of  the  towni  clerk,  sufficient  to  establish 
such  death,  and  he  refuses  to  file  the  same,  a  judge  of  pro- 
bate in  the  county  w^hercin  such  towai  lies  may,  on  petition 
and  after  a  hearing,  order  him  to  receive  such  certificate, 
written  evidence  or  photostatic  copy  as  sufficient  evidence 
to  establish  such  death,  whereupon  such  clerk  shall  file  the 
same.  Approved  Fehruar-y  25,  1952. 


Chap.  73  An  Act  relative  to  the  organization  of  the  board  of 

REGISTRATION    IN    CHIROPODY    (pODIATRy). 

Be  it  enacted,  etc.,  as  follows: 

Section  12A  of  chapter  13  of  the  General  Law^s,  inserted 
by  section  1  of  chapter  425  of  the  acts  of  1937,  is  hereby 
amended  by  striking  out  the  third  sentence,  —  so  as  to  read 
as  follow^s:  —  Section  12 A.  There  shall  be  a  board  of  regis- 
tration in  chiropody  (podiatry),  to  be  appointed  by  the 
governor,  with  the  advice  and  consent  of  the  council,  in  this 
and  the  two  following  sections  called  the  board,  consisting  of 
five  members,  citizens  of  the  commonwealth,  four  of  whom 
shall  have  had  at  least  seven  years  of  practice  in  chiropody 
(podiatry)  in  this  commonwealth.  The  fifth  member  shall 
be  a  registered  physician  who  shall  have  had  at  least  seven 
years  of  practice  in  medicine  in  this  commonwealth.  No 
member  of  the  board  shall  be  connected  in  any  w'ay  with  a 
school  of  chiropody  (podiatry)  or  be  financially  interested 


G.  L.  (Ter. 
Ed.),  13,  §  12A, 
etc.,  amended. 


Organization 
of  board  of 
registration  in 
chiropody 
(podiatry), 
regulated. 


Acts,  1952. —Chaps.  74,  75.  51 

in  any  manufacturing,  wholesale  or  retail  business,  pertain- 
ing to  chiropody  (podiatry)  in  any  form  whatsoever.  As 
the  term  of  a  member  expires,  his  successor  shall  be  appointed 
by  the  governor,  with  like  advice  and  consent,  to  serve  for 
five  years.  Approved  February  25,  1952. 


An  Act  authorizing  the  town  of  webster  to  convey  fhn^    74 

TO  THE   commonwealth   FOR   ARMORY   PURPOSES   CERTAIN  ^' 

PARK  LAND  IN  SAID  TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  selectmen  of  the  town  of  Web- 
ster, with  the  approval  of  the  board  of  park  commissioners 
of  said  town,  is  hereby  authorized  to  transfer  and  convey  to 
the  commonwealth  for  armory  purposes  a  certain  parcel  of 
park  land,  being  a  portion  of  Memorial  park,  situated  in  said 
town,  and  bounded  and  described  as  follows:  —  Beginning  at 
a  stake  in  the  northerly  line  of  Ray  street,  five  hundred  and 
thirty-one  and  ninety-six  one  hundredths  feet  easterly  of  the 
easterly  line  of  Lincoln  street;  thence  northerly  at  right 
angles  to  said  Ray  street  and  extending  north  1°  30'  east,  a 
distance  of  five  hundred  and  forty-one  and  seventy-three  one 
hundredths  feet  to  a  stake;  thence  easterly  with  an  interior 
angle  of  90**  09',  a  distance  of  two  hundred  feet ;  thence  south- 
erly with  an  interior  angle  of  89°  51',  a  distance  of  five  hun- 
dred and  forty-two  and  twenty-five  one  hundredths  feet  to  a 
stake  in  the  northerly  line  of  said  Ray  street;  the  last  three 
courses  being  by  land  of  the  town  of  Webster;  thence  west- 
erly at  right  angles  to  the  last  course,  a  distance  of  two  hun- 
dred feet  by  the  northerly  line  of  Ray  street  to  the  point  of 
beginning.  Being  a  portion  of  the  premises  conveyed  to  the 
town  of  Webster  by  S.  Slater  &  Sons,  Incorporated,  by  deed 
dated  April  21,  1923  and  recorded  with  the  Worcester  Dis- 
trict Registry  of  Deeds,  Book  2296,  Page  138. 

Section  2.  The  armory  commission  is  hereby  authorized 
to  accept  such  land  in  the  name  and  on  behalf  of  the  common- 
wealth, and  thereafter  said  land  shall  be  used  for  armory  pur- 
poses. 

Section  3.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance at  the  next  annual  town  meeting  of  said  town,  but 
not  otherwise.  Approved  February  25,  1952. 


An   Act  authorizing  the   city   of  salem   to   borrow   fhnr)    75 
money  for  police  and  fire  alarm  system  purposes.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Salem  may,  from  time  to  time, 
within  a  period  of  three  years  from  the  passage  of  this  act, 
for  the  purpose  of  extending  and  improving  its  police  and 
fire  alarm  system,  borrow  such  sums  as  may  be  necessary, 
not  exceeding,  in  the  aggregate,  two  hundred  thousand  dol- 


52  Acts,  1952.  — Chap.  76. 

lars,  and  may  issue  bonds  or  notes  therefor,  which  shall  bear 
on  their  face  the  words  Salem  Police  and  Fire  Alarm  System 
Loan,  Act  of  1952.  Each  authorized  issue  shall  constitute  a 
separate  loan,  and  such  loans  shall  be  payable  in  not  more 
than  ten  years  from  their  dates.  Indebtedness  incurred  un- 
der this  act  shall  be  within  the  statutory  limit,  but  shall,  ex- 
cept as  provided  herein,  be  subject  to  the  applicable  provi- 
sions of  chapter  forty-four  of  the  General  Laws,  inclusive  of 
the  limitation  contained  in  the  first  paragraph  of  section 
seven  thereof. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  city  council  of  said  city,  subject  to 
the  provisions  of  its  charter,  but  not  othei-wise. 

Approved  February  25,  1952. 


Chap.  76  An  Act  relative  to  the  establishment  in  the  town  of 

FRAMINGHAM  OF  REPRESENTATIVE  TOWN   GOVERNMENT  BY 
LIMITED   TOWN   MEETINGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  Section  2  of  chapter  143  of  the  acts  of  1949 
is  hereby  amended  by  striking  out,  in  line  3,  the  word  "  eight " 
and  inserting  in  place  thereof  the  word:  —  ten, — so  that 
the  first  sentence  will  read  as  follows :  —  Upon  the  accept- 
ance of  this  act  by  said  town,  as  hereinafter  provided,  the 
selectmen  shall  forthwith  divide  the  territory  thereof  into 
ten  voting  precincts,  each  of  which  shall  be  plainly  desig- 
nated and  shall  contain  approximately  an  equal  number  of 
registered  voters. 

Section  2.  Section  3  of  said  chapter  143  is  hereby 
amended  by  striking  out,  in  Une  7,  the  word  "twenty-five" 
and  inserting  in  place  thereof  the  word :  —  twenty,  —  so  as  to 
read  as  follows: — -Section  3.  Upon  the  acceptance  of  this 
act  by  the  town  and  after  the  establishment  of  precincts  as 
provided  in  section  two,  the  registered  voters  in  every  pre- 
cinct, at  an  election  to  be  held  on  the  first  Monday  of  the 
March  following  such  acceptance,  and  at  elections  held  on 
the  first  Monday  of  March  of  each  second  year  thereafter, 
shall  elect  by  ballot  twenty  registered  voters  resident  in  the 
precinct,  other  than  persons  elected  or  appointed  to  some 
other  town  office,  to  be  members  of  the  representative  town 
meeting  for  a  term  of  two  years.  The  town  clerk  shall  after 
every  election  of  town  meeting  members,  forthwith  notify 
each  member  by  mail  of  his  election. 

Section  3.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  town  meeting  members  of  the 
town  of  Framingham  present  and  voting  thereon  at  any  an- 
nual or  special  meeting.  Said  town  meeting  members  shall 
also  designate  the  time  when  the  board  of  selectmen  shall 
reprecinct  the  town  under  the  provisions  of  this  act. 

Approved  February  25,  1952. 


Acts,  1952. —  Chaps.  77,  78,  79,  80.  53 

An  Act  relative  to  records  of  the  suspension  by  the  nfmy    77 

COURTS    of    the    rights    OF    CERTAIN    NON-RESIDENTS    TO  '^' 

OPERATE   MOTOR   VEHICLES. 

Be  it  enacted,  etc.,  as  folloios: 

Section  3G  of  chapter  90  of  the  General  Laws,  inserted  by  g.  l.  (Xer. 
section  1  of  chapter  590  of  the  acts  of  1945,  is  hereby  amended  ftti'amend^^' 
by  adding  at  the  end  the  following  sentences :  —  The  court  suspension  of 
shall  send  a  notice  of  such  order  and  of  any  modification  certam^'opCTa- 
thereof  and  notice  of  compliance  with  such  order,  each  cer-  tors  of  motor 
tified  by  the  clerk  of  the  court,  forthwith  to  the  registrar  Authorized. 
who  shall  suspend  the  right  of  the  defendant  or  of  any  one 
employed  or  authorized  by  him  to  operate  a  motor  vehicle 
on  his  behalf  in  this  commonwealth.     The  address  of  the 
defendant  shall  be  given  in  said  notice.    The  registrar  shall 
not  restore  the  rights  suspended  by  order  of  the  court  until 
he  has  received  notice  from  the  court  of  modification  of  or 
comphance  with  the  order.      Approved  February  25,  1952. 

An  Act  relative  to  the  giving  of  information  regard-  Qjiar)    78 

ING   the    count   of   BALLOTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 14  of  chapter  43  of  the  General  Laws,  inserted  by  g.  l.  (Xer. 
section  15  of  chapter  378  of  the  acts  of  1938,  is  hereby  ftl! 'amendll^' 
amended  by  striking  out  the  last  sentence  and  inserting  in 
place  thereof  the  following  sentence :  —  No  information  re-  information 
garding  the  state  of  the  balloting  shall  be  disclosed  before  the  co^'t'^o^^.ai. 
close  of  the  polls.  Approved  February  25,  1952.      lots,  reguiat^. 

An  Act  providing  that  the  selectmen  shall  be  the  fhfjjy    70 
commissioners  of  trust  funds  in  certain  towns  of         ^' 
less  than  five  thousand  inhabitants. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  41  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Xer. 
inserting  after  section  45,  as  appearing  in  the  Tercentenary  §  4'5Af i'dd^. 
Edition,  the  following  section:  —  Section  45A.     If  a  town  powers  and 
having  less  than  five  thousand  inhabitants  votes  to  accept  duties  of 
this  section,  the  board  of  selectmen  of  such  town  shall  there-  certain  towM. 
after  have  all  the  powers  and  duties  of  commissioners  of 
trust  funds,  as  provided  in  sections  forty-five  and  forty-seven, 
until  such  time  as  the  number  of  inhabitants  of  said  town 
shall  exceed  five  thousand.      Approved  February  25,  1952. 


Chap.  80 


An  Act  relative  to  the  amount  of  insurance  which 
counties  may  provide  for  the  protection  of  their 
employees  against  liability  arising  out  of  their 
operation  of  county  owned  vehicles. 

Be  it  enacted,  etc.,  as  follows: 

Section  28  of  chapter  35  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  the  first  sentence,  as  appearing  in  ^tc'^'am4nd^' 
section  1  of  chapter  158  of  the  acts  of  1945,  and  inserting  in 


54 


Acts,  1952. —  Chap.  81. 


Insurance 
protection  for 
certain  county 
employees, 
provided. 


place  thereof  the  following  sentence :  —  The  county  com- 
missioners shall  annually  prepare  estimates  of  county 
receipts  and  expenditures  for  the  ensuing  year,  in  the  form 
prescribed  by  the  director  of  accounts  and  upon  blanks  by 
him  furnished,  including  estimates  for  construction  and 
repair  of  county  buildings  and  for  effecting  insurance  pro- 
viding indemnity  for  or  protection  to  the  officers  and  em- 
ployees of  the  county  against  loss  by  reason  of  their  liabiUty 
to  pay  damages  to  others  for  bodily  injuries,  including 
death  at  any  time  resulting  therefrom,  or  for  damage  to 
property,  caused  by  the  operation,  within  the  scope  of  their 
official  duties  or  employment,  of  motor  or  other  vehicles 
owned  by  the  county,  to  an  amount  not  exceeding  twenty 
thousand  dollars  on  account  of  injury  to  or  death  of  one 
person,  or  not  exceeding  forty  thousand  dollars  for  any  one 
accident,  and  not  exceeding  ten  thousand  dollars  on  account 
of  damage  to  property,  or  for  providing  indemnity  or  pro- 
tection as  aforesaid  without  insurance,  with  a  statement 
of  the  corresponding  appropriations  for  the  preceding  year, 
and  expenditures  for  each  of  the  three  preceding  years, 
explaining  any  difference  between  the  amount  of  any  such 
estimate  and  the  latest  appropriation  for  the  same  purpose, 
and  citing  the  laws  relating  thereto. 

Approved  February  25,  1952. 


Chap.  81  An  Act  authorizing  the  use  by  the  lynn  gas  and  elec- 
tric COMPANY  OF  A  CERTAIN  PART  OF  THE  PUBLIC  COMMON 
IN  THE  CITY  OF  LYNN  FOR  THE  LOCATION  OF  A  NATURAL 
GAS   PIPE   LINE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Lynn,  by  its  mayor,  when  so 
authorized  b}^  the  city  council,  may  grant  to  the  Lynn  Gas 
and  Electric  Company  an  easement  for  a  natural  gas  pipe 
line  under  the  pubfic  common  of  said  city,  beginning  at  a 
point  near  the  Mall  street  entrance  and  extending  a  distance 
of  ten  hundred  and  sixty-one  feet,  more  or  less,  to  a  point 
near  the  Shepard  street  entrance  of  said  common,  with  a 
width  of  sixteen  feet,  as  shown  on  plan  entitled  "Plan  of 
Proposed  Easement  to  Lynn  Gas  and  Electric  Company 
for  Natural  Gas  Pipe  Line  Under  Certain  Portion  of  Public 
Common  of  Lynn,  Dated  November  27,  1951".  The  use 
of  the  present  natural  gas  pipe  line  in  above-described  location 
may  be  made  valid  in  said  grant  of  easement,  notwith- 
standing any  informality  relative  to  its  construction. 

Section  2.  This  act  shall  take  full  effect  when,  after 
recommendation  by  the  board  of  park  commissioners  of 
said  city  of  Lynn,  it  is  accepted  by  the  city  council  of  said 
city,  subject  to  the  provisions  of  its  charter,  but  not  otherwise. 

Approved  February  25,  1952. 


Acts,  1952.  —  Chaps.  82,  83.  55 

An  Act  providing  for  distinctive  number  plates  for  Qfiajj    82 

MOTOR  VEHICLES   OF   MEMBERS   OF  A   FOREIGN   DIPLOMATIC 
CORPS   AND    FOREIGN    CONSULAR   OFFICERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  2  of  chapter  90  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  the  seventh  paragraph,  as  most  etc'.,  amended, 
recently  amended  by  section  3  of  chapter  644  of  the  acts  of 
1949,   and   inserting  in   place   thereof  the  following  para- 
graph :  — 

The  registrar  shall  furnish  at  his  office,  without  charge,  to  Distinctive 
every  person  whose  motor  vehicle  is  registered  under  this  ^OT'^ehLiea^of 
chapter,  two  number  plates  of  suitable  design,  and  to  every  ^[fjc'^offi^erg 
person  whose  trailer  is  so  registered,  one  such  number  plate,  etc., authorized, 
having  displayed  thereon  the  register  number  assigned  to 
that  vehicle;  provided,  that  number  plates  assigned  to 
ambulances,  fire  engines  and  apparatus,  police  patrol  wagons 
and  other  vehicles  used  by  the  police  department  of  any  city 
or  town  or  park  board  solely  for  the  official  business  of  such 
department  or  board,  and  pleasure  passenger  vehicles  owned 
by  veterans  who,  according  to  the  records  of  the  United 
States  Veterans'  Administration,  by  reason  of  service  in  the 
armed  forces  of  the  United  States  have  suffered  loss,  or  loss 
of  use,  of  any  arm  at  or  above  the  wrist  or  of  any  leg  at  or 
above  the  ankle,  and  to  vehicles  registered  by  any  member 
of  a  foreign  diplomatic  corps  or  by  any  foreign  consular 
officer  who  is  not  a  citizen  of  the  United  States  may  be  of  a 
distinctive  type  or  types.  The  number  plates  so  furnished 
shall,  except  as  provided  by  section  nine,  and  except  in  case 
the  registrar  for  any  valid  reason  extends  the  time,  be  valid 
only  for  the  year  for  which  they  are  issued.  If  the  registrar 
extends  the  time  he  may  make  rules  and  regulations  requiring 
the  display  of  visible  evidence  upon  every  motor  vehicle  that 
it  has  been  registered  and  that  the  plates  in  use  thereon  are 
valid.  Any  plate  becoming  illegible  because  of  construction 
defects  shall  be  replaced  by  the  registrar  without  cost. 

Approved  February  25,  1952. 


An  Act  authorizing  the  city  of  quincy  to  appropriate  QJkij)    83 
and  pay  a  sum  of  money  to  the  administrator  of  the 
estate  of  helena  j.  moynihan. 

Be  it  enacted,  etc.,  as  follows: 

For  the  purpose  of  discharging  a  moral  obligation,  the 
city  of  Quincy  is  hereby  authorized  to  appropriate  and  to 
pay  to  Donald  K.  Mackay  as  administrator  of  the  estate  of 
Helena  J.  Moynihan,  late  of  said  Quincy,  the  sum  of  two 
thousand  five  hundred  and  three  dollars,  being  the  amount 
claimed  and  received  by  said  city  for  reimbursement  for 
payments  made  under  the  old  age  assistance  law  to  said 
Helena  J.  Moynihan,  and  being  in  excess  of  the  amount 
lawfully  due  therefor.  Approved  February  25,  1952. 


56  Acts,  1952.  —  Chaps.  84,  85,  86. 

Chap.  84  An  Act  relative  to  benefits  payable  under  the  work- 
men's COMPENSATION  LAW  IN  THE  CASE  OF  CERTAIN 
SPECIFIED  INJURIES. 

Emergency  Whereas,  The  deferred  operation  of  this  act  would  tend 

pream  e.         ^^  defeat  one  of  its  principal  purposes,  which  is  to  make  its 

provisions  effective  without  delay,   therefore  it  is  hereby 

declared  to  be  an  emergency  law,  necessary  for  the  im.mediate 

preservation  of  the  public  convenience. 

Re  it  enacted,  etc.,  as  follows: 

Edo.'  152,'^s  36,      Section  36  of  chapter  152  of  the  General  Laws  is  hereby 
etc.,  "amended. '  amended  by  striking  out  paragraph   (q),   as  appearing  in 
chapter  519  of  the  acts  of  1949,  and  inserting  in  place  thereof 
the  following  paragraph :  — 
Benefits.  (q)  If  the  member,  whether  leg,  foot,  arm  or  hand,  is  not 

lost  by  severance,  but  is  so  injured  as  to  be  permanently 
incapable  of  use,  for  the  same  number  of  weeks  as  though 
it  were  severed;  provided,  however,  that  if  the  loss  of  use 
is  less  than  total,  then  for  such  period  of  weeks  in  proportion 
to  the  period  applicable  in  the  event  of  total  loss  of  use  of 
said  leg,  foot,  arm  or  hand  as  the  functional  loss  bears  to 
the  total  loss  of  use  of  such  leg,  foot,  arm  or  hand. 

Approved  February  27,  1952. 


Chap.   85  An  Act  changing  the  date  of  the  biennial  municipal 

ELECTIONS  IN  THE  CITY  OF  MALDEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  155  of  the  acts  of  1933  is  hereby 
amended  by  striking  out  section  1,  as  amended  by  section  1 
of  chapter  28  of  the  acts  of  1936,  and  inserting  in  place  thereof 
the  following  section :  —  Section  1 .  Beginning  with  the 
year  nineteen  hundred  and  fifty-three,  the  municipal  elections 
in  the  city  of  Maiden  for  the  choice  of  mayor,  aldermen, 
common  councilmen  and  members  of  the  school  committee 
shall  be  held  biennially  on  the  first  Tuesday  after  the  first 
Monday  in  November  in  each  odd-numbered  year. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  27,  1952. 


Chap.  86  An  Act  requiring  the  names  and  addresses  of  persons 

DIVORCED    TO    BE    FURNISHED    TO    THE    STATE    SECRETARY 
BY  CERTAIN  CLERKS  OF  COURT  AND  REGISTERS  OF  PROBATE. 

Be  it  enacted,  etc.,  as  follows: 

%L)',  208^5  46       Section  46  of  chapter  208  of  the  General  Laws,  as  appear- 
amended.'       '  ing  in  the  Tercentenary  Edition,  is  hereby  amended  by  in- 
serting after  the  word  "of",  in  line  4,  the  words :  —  the  names 
and  addresses  of  the  persons  divorced,  the  date  and  number 
of  the  decree  and  of,  —  and  by  striking  out,  in  line  11,  the 


Acts,  1952. —  Chap.  87.  57 

words  "the  preceding  section"  and  inserting  in  place  thereof 
the  words :  —  section  forty-five,  —  so  as  to  read  as  follows :  — 
Section  46.  The  clerks  of  the  courts,  the  clerk  of  the  superior  Returns  of 
court  for  ci\il  business  in  Suffolk  county  and  the  registers  ditorcl*1o°state 
of  probate  shall  annually,  in  February,  make  returns  for  the  secretary, 
last  preceding  calendar  year  to  the  state  secretary,  upon 
suitable  blank  forms  provided  by  him,  of  the  names  and 
addresses  of  the  persons  divorced,  the  date  and  number  of 
the  decree  and  of  the  number  of  libels  pending  at  the  begin- 
ning of  the  year,  the  number  of  libels  filed  within  the  year, 
the  number  of  divorces  granted,  the  number  of  divorces 
refused,  the  number  of  libels  contested,  the  number  of  libels 
uncontested,  the  alleged  cause  for  divorce  in  each  case,  the 
sex  of  the  libellant  and  the  length  of  time  the  parties  have 
been  married,  and  the  number  of  cases  in  which  notice  has 
been  given  to  the  district  attorney  for  prosecution  under 
section  forty-five  and  the  crime  for  which  divorce  has  been 
granted  in  such  cases.  Approved  February  27,  1952. 


An  Act  authorizing  county  officers  to  deposit  money  fhnj^    q7 
IN  certain  banking  companies.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Chapter  35  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section  22,  as  amended  by  chapter  153  of  the  ftl!  amended', 
acts  of  1948,  and  inserting  in  place  thereof  the  follo\\ing  sec- 
tion:—  Section  22.     Except  as  otherwise  provided,  county  Deposits  of 
treasurers,  clerks  of  the  courts,  clerks  of  district  courts,  sher-  J^fn  coi^ty^'' 
iffs  and  masters  of  iails  and  houses  of  correction,  probation  officers, 

rr-  •    i  c  ^      1  i-i  i-,  <•  authorized. 

oincers,  registers  or  probate  and  insolvency  and  registers  of 
deeds,  having  more  money  in  their  hands  than  is  required 
for  immediate  use,  shall  deposit  it,  in  their  official  names,  in 
national  banks  or  trust  companies  in  the  commonwealth  or 
banking  companies  doing  business  in  the  commonwealth  and 
qualified  to  receive  demand  deposits  under  the  provisions  of 
section  six  A  of  chapter  one  hundred  and  seventy-two  A,  at 
the  best  practicable  interest  rates.  Countj^  treasurers  may 
also  deposit  in  time  deposits  in  such  national  banks,  trust 
companies  or  banking  companies  and  invest  in  United  States 
treasury  bills.  Interest  thereon  shall  be  paid  to  the  county, 
except  that  interest  accruing  to  deposits  by  registers  of  pro- 
bate shall  be  paid  to  the  commonwealth;  provided,  that  in- 
terest accruing  on  the  deposit  as  aforesaid  of  any  money  paid 
to  any  official  mentioned  in  this  section  which  is  so  paid  un- 
der order  of  a  court  or  which  is  otherwise  subject  to  the  di- 
rection of  a  court  shall,  if  the  court  so  directs,  be  paid  to  the 
parties  entitled  to  the  principal  fund  of  such  deposit. 

Approved  February  27,  1952. 


58 


Acts,  1952.  —  Chaps.  88,  89,  90. 


Chap.  88  An  Act  relative  to  the  powers  and  duties  of  credit 

COMMITTEES    OF   CREDIT   UNIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  22  of  chapter  171  of  the  General  Laws,  as  appear- 
ing in  the  Tercentenary  Edition,  is  hereby  amended  by  add- 
ing at  the  end  the  following  paragraph :  — 

The  members  of  the  credit  committee  may  receive  reim- 
bursement for  actual  expenses  incurred  in  the  performance 
of  their  duties  as  the  board  may  authorize,  subject  to  the 
approval  of  the  membei's  at  the  next  annual  meeting  or  at  a 
special  meeting  called  for  the  purpose. 

Approved  February  27,  1952. 


G.  L.  (Ter. 
Ed.),  171,  §  22, 
amended. 


Expenses  of 
certain  mem- 
bers of  credit 
unions, 
regulated. 


Chap.   89  An  Act  relative  to  the  exclusion  of  certain  pupils 

FROM  public  schools  IF  THE  REGULATIONS  OF  THE  BOARD 
OF   HEALTH    SO    REQUIRE. 


G.  L.  (Ter. 
Ed.).  71,  §  55, 
etc.,  amended. 


Temporary 
exclusion  of 
certain  pupils 
from  public 
Bchools, 
regulated. 


Be  it  enacted,  etc.,  as  follows: 

Section  55  of  chapter  71  of  the  General  Laws,  as  amended 
by  section  2  of  chapter  265  of  the  acts  of  1938,  is  hereby 
further  amended  by  inserting  after  the  word  "exists",  in 
line  8,  the  words:  —  if  the  regulations  of  the  board  of  health 
require  .such  exclusion,  —  so  as  to  read  as  follows:  —  Sec- 
tion 55.  A  child  infected,  or  in  a  household  where  a  person 
is  infected,  with  a  disea.«!e  dangerous  to  the  public  health  as 
defined  in  accordance  with  section  six  of  chapter  one  hundred 
and  eleven,  or  in  a  household  exposed  to  contagion  from  any 
such  disease  in  another  household,  shall  not  attend  any 
public  school  while  he  is  so  infected  or  remains  in  a  house- 
hold where  such  infection  or  exposure  exists  if  the  regulations 
of  the  board  of  health  require  such  exclusion.  A  child  re- 
turning to  school  after  having  been  absent  on  account  of 
such  infection  or  exposure  shall  present  a  certificate  from 
the  board  of  health  or  its  duly  appointed  agent  that  the 
danger  of  conveying  such  disease  by  such  child  has  passed; 
provided,  that  if  such  a  child  returns  to  school  without  such 
a  certificate,  after  having  been  absent  on  account  of  such 
infection  or  exposure,  he  shall  immediately  be  referred  to  a 
school  physician  for  examination  and,  if  it  is  found  by  such 
physician  upon  such  examination  that  such  danger  has 
passed,  he  may  remain  at  school. 

Approved  February  27,  1952. 


Chap.  90  An  Act  relative  to  sentences  to  the  Massachusetts 

REFORMATORY  FOR  THE  CRIME  OF  LARCENY. 


G.  L.  (Ter. 
Ed.).  279.  §  33, 
amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  33  of  chapter  279  of  the  General  Laws,  as  appearing 
in  the  Tercentenary  Edition,  is  hereby  amended  by  inserting 
after  the  word  "larceny",  in  line  2,  the  words:  —  of  property 


Acts,  1952. —  Chaps.  91,  92.  59 

of  a  value  exceeding  one  hundred  dollars,  —  and  by  inserting 
after  the  word  "offence",  in  Hne  8,  the  words:  —  ,  including 
larceny  of  property  of  a  value  not  exceeding  one  hundred 
dollars,  —  so  as  to  read  as  follows :  —  Section  33.  Whoever  sentences  to 
is  sentenced  to  the  Massachusetts  reformatory  for  larceny  of  forTaraeny'' 
property  of  a  value  exceeding  one  hundred  dollars  or  for  any  regulated. ' 
felony  may  be  held  therein  for  not  more  than  five  years 
unless  sentenced  for  a  longer  term,  in  which  case  he  may  be 
held  therein  for  such  longer  term;  if  committed  to  said 
reformatory  as  a  delinquent  child  he  may  be  held  therein 
for  not  more  than  two  years;  if  sentenced  to  said  reformatory 
for  drunkenness  he  may  be  held  therein  for  not  more  than 
one  year;  if  sentenced  to  said  reformatory  for  any  other 
offence,  including  larceny  of  property  of  a  value  not  exceed- 
ing one  hundred  dollars,  he  may  be  held  therein  for  not 
more  than  two  years.  Approved  February  27,  1952. 


An  Act  further  regulating  personal  collateral  loans  Chap.  91 

BY  credit  unions. 

Be  it  enacted,  etc.,  as  follows: 

Paragraph  5  of  subdivision  (A)  of  section  24  of  chapter  171  g- l.  (Ter 
of  the  Genera,l  Laws,  as  appearing  in  chapter  117  of  the  etc!, 'amended.' 
acts  of  1951,  is  hereby  amended  by  striking  out,  in  hne  1, 
the  word  "three"  and  inserting  in  place  thereof  the  word: 
—  five,  —  so  as  to  read  as  follows:  — 

5.  To  an  amount  not  exceeding  five  thousand  dollars,  if  Personal 
evidenced  by  the  note  of  the  borrower  and  with  sufficient  by  credft 
collateral  pledged  to  secure  the  same  made  up  of  bonds  or  "e^gXted. 
notes  of  the  United  States,  or  of  any  state  or  subdivision 
thereof,  w^hich  are  legal  investments  for  savings  banks,  or 
credit  unions,  in  this  commonwealth  valued  at  not  more 
than  eighty  per  cent  of  their  market  value,  or  by  the  assign- 
ment of  the  pass  book  of  a  depositor  in  a  sa\angs  bank  doing 
business  in  any  of  the  New  England  states  or  in  the  savings 
department  of  a  trust  company  or  national  banking  associa- 
tion doing  business  in  this  commonwealth,  or  the  pass  book 
of  a  depositor  in  a  co-operative  bank  incorporated  under 
chapter  one  hundred  and  seventy,  or  policies  issued  by  life 
insurance  companies  authorized  to  transact  business  in  this 
commonwealth,  valued  at  not  more  than  their  cash  surrender 
value.  Approved  February  27,  1952. 


An  Act  relative  to  the  removal  of  overhead  wires  fhn^    oo 

AND     construction     IN    THE     CITY     OF    NEW     BEDFORD.  "' 

Be  it  enacted,  etc.,  as  follows: 

Section  4  of  chapter  335  of  the  acts  of  1914  is  hereby 
amended  by  striking  out,  in  line  20,  the  word  "thirty"  and 
inserting  in  place  thereof  the  word :  —  fifty. 

Approved  Febi^uary  27,  1952. 


60  Acts,  1952.  —  Chaps.  93,  94,  95. 


Chap.  93  An  Act  relative  to  investments  of  trust  companies 

IN    REAL    ESTATE    FOR    THE    TRANSACTION    OF    THEIR    BUSI- 
NESS. 

Be  it  enacted,  etc.,  as  follows: 

Ed.),'  ivl^i  41,      Section  41  of  chapter  172  of  the  General  Laws  is  hereby 

etc..  amended,    amended  by  striking  out  the  last  sentence,  as  appearing  in 

chapter  36  of  the  acts  of  1947,  and  inserting  in  place  thereof 

oflrult'com-     ^^^  following  Sentence:  —  Any  sums  that  may  be  recovered 

panics  in  cer-     by  a  trust  compauy  through  the  sale  or  other  disposal  of  real 

reguia^ted^^  ^  ^'  estate  Or  any  part  thereof  held  under  this  section,  together 

with  such  sums  as  are  allowable  for  ordinary  depreciation 

under  the  provisions  of  the  federal  income  tax  law,  and  such 

additional  sums  as  are  taken  on  account  of  depreciation  or 

obsolescence,  or  for  other  reason,  with  the  consent  of  the 

commissioner  or  at  his  direction,  shall  be  deducted  from  the 

amount  considered  to  be  invested  in  such  real  estate. 

Approved  February  27,  1952. 


Chap.  94  An  Act  relative  to  officers  and  committees  of  credit 

UNIONS. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'  17^5 15       Section  15  of  chapter  171  of  the  General  Laws  is  hereby 

ameAded.'       '  amended  by  striking  out  the  first  sentence,  as  appearing  in 

the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 

Officers  and       follouing  Sentence:  —  The  directors  at  their  first  meeting 

committees  of         p,         , ,  .  ,.  i      n      i      ^    r  ii      •  i 

credit  unions,  alter  the  anuual  meeting  shall  elect  irom  their  own  number 
prescribed.  g^  president,  one  or  more  vice-presidents,  a  clerk,  a  treasurer 
and  such  other  officers  as  may  be  necessary  for  the  trans- 
action of  the  business  of  the  credit  union,  who  shall  be  the 
officers  of  the  corporation,  a  credit  committee  of  not  less  than 
three  members  and  an  auditing  committee  of  three  members, 
all  of  whom  shall  hold  office  until  their  successors  are  quali- 
fied unless  sooner  removed  as  hereafter  provided. 

Approved  February  27,  1952. 


Chap.  95  An  Act  relative  to  the  powers  and  duties  of  auditing 

COMMITTEES    OF   CREDIT   UNIONS. 

Be  it  enacted,  etc.,  as  follows: 

Ed^.'  17U  §  17.      Section  17  of  chapter  171  of  the  General  Laws,  as  appear- 

amended."       '  ing  iu  the  Tercentenary  Edition,  is  hereby  amended  by  add- 

Expenses  of       ing  at  the  end  the  following  sentence :  —  The  members  of 

commft^es  of    the  auditing  committee  may  receive  such  reimbursement  for 

credit  unions,     actual  cxpeuses  iucurred  in  the  performance  of  their  duties 

as  the  board  may  authorize,  subject  to  the  approval  of  the 

members  at  the  next  annual  meeting  or  at  a  special  meeting 

called  for  the  purpose.  Approved  February  27,  1952. 


Acts,  1952.  —  Chaps.  96,  97,  98.  61 

An  Act  relative  to  investments  by  banking  companies.  Chav.  96 
Be  it  enacted,  etc.,  as  follows: 

Clause  Second  of  section  7  of  chapter  172A  of  the  General  gj^-  ^J^^^ 
Laws,  as  most  recently  amended  by  chapter  35  of  the  acts  of  §  7,  etc., 
1948,  is  hereby  further  amended  by  inserting  before  the  word  *™^''  ^  " 
"of"  in  lines  2  and  8,  in  each  instance,  the  words: —  and  sub- 
division (c)  of  clause  Fifteenth,  —  so  as  to  read  as  follows:  — 

Second.     In  any  securities  authorized  as  investments  for  investments 
savings  banks  by  clauses  Second  to  Seventh,  inclusive,  and  comprniMf 
sub-division  (c)  of  clause  Fifteenth  of  section  fifty-four  of  '■egulated. 
chapter  one  hundred  and  sixty-eight;    provided,  that  not 
more  than  twenty  per  cent  of  its  certificate  and  other  funds 
shall  be  invested  by  any  such  corporation  in  the  classes  of 
securities  referred  to  in  sub-divisions  (c)  to  (i),  inclusive,  of 
said  clause  Second  and  in  said  clauses  Third  to  Seventh, 
inclusive,  and  sub-division  (c)  of  clause  Fifteenth  of  said 
section  fifty-four,  and  provided,  further,  that  not  more  than 
one  per  cent  of  its  certificate  and  other  funds  shall  be  in- 
vested by  any  such  corporation  in  the  obfigations  of  any  one 
of  the  obligors  referred  to  in  said  sub-divisions  and  clauses. 

Approved  February  27,  1952. 

An  Act  relative  to  the  record  of  ownership  of  the  Chav.  97 
capital  stock  of  a  banking  company  by  a  director 
thereof. 

Be  it  enacted,  etc.,  as  follows: 

Section  3  of  chapter  172A  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  the  word  "therein"  in  line  22,  f 3;^;tcl^'^" 
as  appearing  in  section  5  of  chapter  266  of  the  acts  of  1938,  amended, 
the  words:  —  ,  in  his  own  right,  —  so  that  the  fifth  sentence 
will  read  as  follows :  —  Thereafter  all  provisions  of  general  ^odf  by'^  °^ 
law  from  time  to  time  appHcable  to  the  increase  or  the  re-  directors. 
duction  of  the  capital  stock  of  trust  companies  shall  apply  ^^^^^ 
to  such  corporation,  and  no  person  shall  be  a  director  of  any 
such  corporation  unless  he  is  a  stockholder  of  record  holding 
unpledged  shares  of  stock  therein,  in  his  own  right,  of  an 
aggregate  value  of  not  less  than  one  thousand  dollars,  shares 
of  stock  with  par  value  to  be  computed  for  this  purpose  at 
their  par  value  and  shares  without  par  value  to  be  computed 
at  the  value,  at  the  time  of  issue,  of  the  cash,  property, 
services  or  expenses  for  which  they  were  issued,  but  not  in- 
cluding paid-in  surplus.  Approved  February  27,  1952. 

An  Act  relative  to  the  non-criminal  disposition  of  Chav.  98 

parking  violations,  so  called. 
Be  it  enacted,  etc.,  as  follows: 

The  third  paragraph  of  section  20A  of  chapter  90  of  the  Q  l.  (Ter. 
General  Laws  is  hereby  amended  by  inserting  after  the  word  f  20A^etc., 
"committed",  in  line  11,  as  appearing  in  section  2  of  chap-  amended. 
ter  425  of  the  acts  of  1949,  the  words :  —  in  a  particular 
city  or  town  and.  Approved  February  27,  1952. 


62 


Acts,  1952.  —  Chaps.  99,  100. 


Chap.   99        An  Act  further  regulating  the  sale  of  coke. 
Be  it  enacted,  etc.,  as  follows: 


G.  L.  (Ter. 
Ed.).  94, 
§  248,  etc., 
amended. 

Penalties 
for  certain 
offences. 


Chapter  94  of  the  General  Laws  is  hereby  amended  by 
striking  out  section  248,  as  most  recently  amended  by  chapter 
222  of  the  acts  of  1946,  and  inserting  in  place  thereof  the 
following  section :  —  Section  248.  Whoever  violates  any 
provision  of  sections  two  hundred  and  forty  to  two  hundred 
and  forty-seven,  inclusive,  if  no  other  penalty  is  provided 
therein,  or  of  a  rule  or  regulation  made  under  section  two 
hundred  and  thirty-nine  A,  or  fails  to  comply  with  any  re- 
quest for  information  or  direction  made  under  authority  of 
sections  two  hundred  and  forty,  two  hundred  and  forty-one, 
and  two  hundred  and  forty-four  to  two  hundred  and  forty- 
six,  inclusive,  or  gives  a  false  answer  to  any  such  request, 
shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars; 
and  whoever  is  guilty  of  fraud  or  deceit  as  to  the  weighing, 
selling  or  delivering  of  coke,  charcoal  or  coal,  or  the  measur- 
ing, selhng  or  dehvering  of  fuel  oil  or  range  oil,  or  whoever, 
by  himself,  or  by  his  servant,  agent  or  employee,  sells  or 
deUvers  or  attempts  to  sell  or  deliver  coal  or  coke  which  is 
short  in  weight  or  coal  which  contains  an  unrea,sonable 
amount  of  shale,  slate,  rock  or  other  foreign  substance  or 
which  produces  an  excessive  amount  of  non-combustible 
residue,  including  ash,  shall  be  punished  by  a  fine  of  not 
more  than  one  thousand  dollars  or  b}'-  imprisonment  for  not 
more  than  one  year,  or  both.  The  director  of  standards  and 
necessaries  of  life  and  local  sealers  of  weights  and  measures 
shall  cause  sections  two  hundred  and  forty  to  two  hundred 
and  forty-nine,  inclusive,  and  rules  and  regulations  made 
under  section  two  hundred  and  thirty-nine  A,  to  be  enforced. 

Approved  February  27,  1952. 


Chap. 100  An  Act  further  defining  the  term   "safety  glass' 

UNDER  THE   PROVISIONS   OF   THE   MOTOR   VEHICLE   LAWS. 


G.  L.  CTer. 
Ed.).  90, 
§  9A,  etc., 
amended. 

"Safety 
glass", 
defined. 


Be  it  enacted,  etc.,  as  follows. • 

Chapter  90  of  the  General  Laws  is  hereby  amended  by 
striking  out  section  9A,  as  most  recently  amended  by  chap- 
ter 358  of  the  acts  of  1949,  and  inserting  in  place  thereof  the 
following  section:  —  Section  9 A.  No  person  shall  operate 
any  motor  vehicle,  and  the  owner  or  custodian  of  a  motor 
vehicle  shall  not  permit  the  same  to  be  operated  with  parti- 
tions, doors,  windows  or  windshields  of  glass  unless  such 
glass  is  of  a  type  known  as  safety  glass.  The  term  "safety 
glass",  as  used  herein,  shall  include  any  glass  designed  to 
minimize  the  likelihood  of  personal  injury  from  its  breaking 
or  scattering  when  broken,  and  which  is  of  a  type  complying 
with  such  minimum  standards  for  construction  and  per- 
formance as  the  registrar  may  prescribe.  Tliis  section  shall 
not  apply  to  motor  vehicles  manufactured  prior  to  January 
first,  nineteen  hundred  and  thirty-six. 

Approved  February  27,  1962. 


Acts,  1952. —  Chaps.  101,  102.  63 


An  Act  amending  the  charter  of  trinity  church  in  Q]^qj)  \{)\ 

THE    city    of   boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  83  of  the  acts  of  1830  is  hereby 
amended  by  striking  out  section  1  and  inserting  in  place 
thereof  the  following  section:  —  Section  1.  The  proprietors 
of  pews  in  Trinity  Church,  in  the  city  of  Boston  and  their 
successors,  and  such  other  persons  as  shall  become  members 
of  the  corporation  after  the  manner  prescribed  in  its  by-laws, 
are  hereby  made  a  corporation  by  the  name  Trinity  Church 
in  the  city  of  Boston  and  may  have,  exercise  and  enjoy  all 
the  rights  and  privileges  which,  as  a  protestant  episcopal 
church,  they  have  heretofore  possessed  and  enjoyed,  and  to 
which  other  religious  societies  are  by  law  entitled;  and  said 
corporation  is  empowered  to  make  by-laws,  by  which  the 
government  of  said  society,  its  forms  of  proceedings,  the 
duties  and  powers  of  its  officers,  the  mode  of  calling  meetings, 
and  the  due  management  of  its  concerns,  shall  be  provided 
for  and  prescribed ;  also  to  adopt,  and,  from  time  to  time,  to 
vary,  a  common  seal;  and  to  commence  and  prosecute  or 
defend  any  suit  or  action  at  law  or  in  equity,  necessary  or 
proper  to  be  prosecuted  or  defended,  to  enforce  or  protect 
their  rights,  claims  and  privileges.  Without  restricting  the 
generality  of  the  foregoing,  said  corporation  may  in  particular 
grant  by  its  by-laws  to  such  individuals,  groups  of  individuals 
or  organizations  as  may  be  specified  the  power  to  elect  to 
membership  in  the  corporation  persons  other  than  pro- 
prietors of  pews,  and  said  corporation  may  also  determine 
by  its  b3''-laws  the  number  of  persons  (other  than  proprietors 
of  pews)  to  be  elected  to  membership,  as  well  as  the  terms 
for  which  and  the  conditions  subject  to  which  members  may 
be  elected. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
b}^  vote  of  the  proprietors  of  pews  of  Trinity  Church  in  the 
city  of  Boston  at  any  annual  or  special  meeting  held  before 
January  first,  nineteen  hundred  and  fifty-three,  and  the 
filing  with  the  state  secretary  of  a  certified  copy  of  said  vote, 
but  not  otherwise.  Approved  February  27,  1952. 


Chap.102 


An  Act  further  regulating  the  shutting  off  of  the 
supply  of  gas  or  electricity  by  gas  or  electric  com- 
PANIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  124  of  chapter  164  of  the  General  Laws,  as  most  g.  l.  (Ter. 

P^H  '^     1  fid. 

recently  amended  by  section  2  of  chapter  376  of  the  acts  of  §  124,  etc., 
1935,   is   hereby   farther   amended   by  inserting   after   the  amended, 
word  "notice",  in  line  8,  the  words:  —  ,  exclusive  of  Satur- 
days, Sundays  and  legal  hohdays,  —  so  as  to  read  as  follows : 
—  Section  124-    Except  as  otherwise  provided  in  section  one  shutting  og 


64 


Acts,  1952. —  Chaps.  103,  104. 


gas  or 
electricity 
by  utility 
oompaniee, 
regulated. 


hundred  and  twenty-four  A,  a  gas  or  electric  company  may 
stop  gas  or  electricity  from  entering  the  premises  of  any 
person  faiUng  to  pay  the  amount  due  therefor  or  for  the  use 
of  the  meter  or  other  article  hired  by  him  from  such  com- 
pany; and,  for  such  purpose,  the  officers,  servants  or  work- 
men thereof  may,  after  thirty-six  hours'  notice,  exclusive  of 
Saturdays,  Sundaj^s  and  legal  holidays,  enter  his  premises 
between  the  hours  of  eight  in  the  forenoon  and  four  in  the 
afternoon  and  separate  and  take  away  such  meter  or  other 
property  of  the  company,  and  maj^  disconnect  any  meter, 
pipe,  wires,  fittings  or  other  works,  whether  they  are  property 
of  the  company  or  not,  from  its  mains,  pipes  or  wires. 

Approved  February  27,  1952. 


Chap .103  An  Act  to  require  persons  in  the  business  of  con- 
ducting AUCTIONS  OF  SECOND  HAND  MOTOR  VEHICLES  TO 
BE   LICENSED   THEREFOR.  » 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  57  of  chapter  140  of  the  General 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  adding  at  the  end  the  foUomng  sentence :  — 
This  section  shall  apply  to  any  person  engaged  in  the  busi- 
ness of  conducting  auctions  for  the  sale  of  motor  veliicles. 

Section  2.  Section  58  of  said  chapter  140,  as  so  appear- 
ing, is  hereby  amended  by  striking  out  the  paragraph  entitled 
"Class  2"  and  inserting  in  place  thereof  the  following:  — 

Class  2.  Any  person  whose  principal  business  is  the 
bujdng  or  selling  of  second  hand  motor  vehicles  may  be 
granted  a  used  car  dealer's  license. 

Approved  February  27,  1952. 


G.  L.  (Ter. 
Ed.).  140,  5  57, 
amended. 


License,  when 
required. 

G.  L.  (Ter. 
Ed.).  140,  §  58, 
amended. 


Classes  of 
licenses. 


Chap. 104^  An  Act  relative  to  the  annual  observance  of  civil 

RIGHTS    WEEK. 

Be  it  enacted,  etc.,  as  follows: 

EdV'e^neW  Chapter  6  of  the  General  Laws  is  hereby  amended  by 

§  12P.  added.     Inserting  after  section  120,  inserted  by  chapter  263  of  the 

Annual  observ- acts  of   1949,   the  followiug  scctiou:  —  Section  12P.     The 

T^ghuwZk.       governor  shall  annually  issue  a  proclamation  setting  apart 

the  week  of  December  eighth  through  December  fifteenth 

as  civil  rights  week,  and  recommending  that  it  be  observed 

by  the  people  with  appropriate  exercises  in  the  schools  and 

otherwise,  for  the  protection  and  implementation  of  these 

four  basic  rights: — (1)   the  right  to  safety  and  security 

of  person;    (2)  the  right  of  citizenship  and  its  privileges; 

(3)  the   right   to   freedom   of   conscience   and   expression; 

(4)  the  right  to  equality  of  opportunity;    which  have  been 
the  core  of  our  democratic  philosophy  of  government. 

Approved  February  27,  1952. 


Acts,  1952. —Chaps.  105,  106.  65 


An  Act  relative  to  loans  by  credit  unions  secured  by  Qfidj)  \Q^ 

MORTGAGES    OF   REAL    ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Subdivision  (B)  of  section  24  of  chapter  171  Ed^m"* 
of  the  General  Laws,  as  most  recently  amended  by  chap-  §24.' etc* 
ter  178  of  the  acts  of  1947,  is  hereby  further  amended  by  ^'^^''^^■ 
striking  out  paragraph  3  and  inserting  in  place  thereof  the 
folio wng  paragraph:  — 

3.  In  first  mortgages  of  real  estate  not  exceeding  eighty  Certain  loans 
per  cent  of  the  value  of  the  premises  to  be  mortgaged,  may  unions^'* 
be  made  for  a  period  of  not  more  than  twenty  years  from  regulated, 
the  date  of  the  note;  provided,  that  the  terms  of  the  note 
shall  require  fixed  monthly  payments,  in  the  same  amount 
during  the  term  of  the  loan,  except  that  the  fixed  monthly 
payments  for  the  first  five  years  or  any  part  thereof  may  be 
required  for  a  larger  amount  than  for  the  remaining  term, 
which  payments  shall  be  first  applied  to  interest  and  the 
balance  theieafter  remaining  applied  to  principal.  Interest 
upon  each  loan  shall  be  computed  monthly  on  the  unpaid 
balance  thereof.  Any  mortgage  taken  under  this  sub- 
section shall  contain  a  provision  requiring  the  payment 
each  month  of  a  proportionate  part  of  the  estimated  real 
estate  taxes  and  betterment  assessments.  Nothing  con- 
tained herein  shall  prohibit  a  credit  union  from  accepting 
additional  payments  on  the  principal  at  any  time. 

Section  2.     Said  subdivision  (B)  of  said  section  24  of  Q^^.  (Ter. 
said  chapter  171,  as  so  amended,  is  hereby  further  amended  §24.' etc* 
by  striking  out  paragi-aph  4.  ImSded. 

Approved  February  27,  1952. 


An  Act  placing  the  office  of  assistant  director  of 

veterans'    benefits    of    the    city    of    LYNN    UNDER   THE 
CIVIL  SERVICE  LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  office  of  assistant  director  of  veterans' 
benefits  of  the  city  of  Lynn  shall,  upon  the  effective  date  of 
this  act,  become  subject  to  the  civil  service  laws  and  rules, 
and  the  tenure  of  office  of  any  incumbent  thereof  shall  be 
unHmited,  subject,  however,  to  said  laws.  The  incumbent 
of  said  office  on  said  effective  date  shall  be  subjected  to  a 
quahfying  examination  by  the  division  of  civdl  service,  and 
if  he  passes  said  examination  he  shall  be  certified  for  said 
office  and  shall  be  deemed  to  be  permanently  appointed 
thereto  without  being  required  to  serve  any  probationary 
period. 

Section  2.  This  act  shall,  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  city  council  of  said  city,  subject  to 
the  provisions  of  its  charter,  but  not  otherwise. 

Approved  February  27,  1952. 


Chap.im 


66 


Acts,  1952. —  Chaps.  107,  108. 


G.  L.  (Ter. 
Ed.),  94. 
§  303F,  etc., 
amended. 

Delivery  of 
fuel  oils, 
regulated. 


Chap. 107      An  Act  regulating   the   delivery   of   fuel   oils. 

Be  it  enacted,  etc.,  as  follows: 

Section  303F  of  chapter  94  of  the  General  Laws,  inserted 
by  chapter  95  of  the  acts  of  1935,  is  hereby  amended  by  in- 
serting after  the  word  "sells",  in  line  1,  the  words:  —  or  de- 
livers, —  so  as  to  read  as  follows :  —  Section  S03F.  Who- 
ever sells  or  delivers  fuel  oil  in  quantities  of  ten  gallons  or 
over  for  heating  or  cooking  purposes  shall  cause  a  certificate 
or  memorandum  to  be  issued  and  delivered  to  the  purchaser 
or  his  agent  at  the  time  of  delivery  of  such  oil.  Such  certifi- 
cate or  memorandum  shall  include  the  names  and  addresses 
of  the  seller  and  of  the  purchaser,  and  a  statement  of  the 
quantity  of  oil  delivered,  in  terms  of  gallons  and  fractions 
thereof,  if  any.  Whoever  violates  any  provision  of  this  sec- 
tion shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars. 

Approved  February  27,  1952. 

Chap. lOS  An  Act  relative  to  the  withdrawal  of  towns  from 

SCHOOL   SUPERINTENDENCY   UNIONS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  71  of  the  General  Laws  is  hereby  amended  by 
striking  out  section  61,  as  amended  by  section  1  of  chapter 
643  of  the  acts  of  1951,  and  inserting  in  place  thereof  the 
following:  —  Section  61.  The  school  committees  of  two  or 
more  towns,  each  having  a  valuation  less  than  two  million 
five  hundred  thousand  dollars,  and  having  an  aggregate 
maximum  of  seventy-five,  and  an  aggregate  minimum  of 
twenty-five,  schools,  and  the  committees  of  four  or  more 
such  towns,  having  said  maximum  but  irrespective  of  said 
minimum,  shall  form  a  union  for  employing  a  superintendent 
of  schools.  A  town  whose  valuation  exceeds  said  amount, 
may  participate  in  such  a  union  but  otherwise  subject  to 
this  section.  Such  a  union  shall  not  be  dissolved  except  by 
vote  of  the  school  committees  representing  a  majority  of  the 
participating  towns  ^^ith  the  consent  of  the  department,  nor 
by  reason  of  any  change  in  valuation  or  the  number  of  schools, 
except  that  any  town  with  a  valuation  of  over  two  million 
dollars  may  withdraw  from  such  a  union  if  a  majority  of  the 
voters  of  the  town  voting  on  the  question  of  such  with- 
drawal at  an  annual  town  meeting  vote  in  favor  thereof;  and 
except,  further,  that  any  town  with  a  valuation  of  over  two 
million  dollars  which  has  adopted  a  form  of  representative 
town  meeting  government  under  general  or  special  law  may 
withdraw  from  such  a  union  if  a  majority  of  the  voters  of 
the  town  voting  thereon  vote  in  the  affirmative  in  answer  to 
the  question  of  such  withdrawal  which  shall  be  placed  upon 
the  official  ballot  to  be  used  for  the  election  of  town  officers 
at  an  annual  town  meeting  in  the  following  form: —  "Shall 
the  town  of  withdraw  from  the  school  superin- 

tendency  union  comprising  said  town  and  the  town(s)  of 
and  ?"        Approved  February  28,  1952. 


G.  L.  (Ter. 
Ed.),  71. 
§  61,  etc.. 
amended. 

Withdrawal 
of  towns 
from  school 
superintend- 
ency  uniona, 
regulated. 


Acts,  1952.  — Chap.  109.  67 

An  Act  relative  to  the  membership  of  the  board  of  (JJiq^oj  IQQ 

ZONING  adjustment  OF  THE  CITY  OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  20  of  chapter  488  of  the  acts  of  1924, 
as  most  recently  amended  by  section  1  of  chapter  328  of 
the  acts  of  1950,  is  hereby  further  amended  by  striking  out 
the  first  four  sentences  and  inserting  in  place  thereof  the 
following:  —  There  shall  be  in  the  city  of  Boston  a  board, 
known  as  the  Board  of  Zoning  Adjustment,  consisting  of 
the  chairman  of  the  city  planning  board,  ex  officio,  and 
eleven  other  members,  and  eleven  alternates,  appointed  by 
the  mayor  as  follows :  —  one  member  from  two  candidates, 
and  one  alternate  from  two  other  candidates,  nominated  by 
the  Associated  Industries  of  Massachusetts,  one  member  * 

from  two  candidates,  and  one  alternate  from  two  other 
candidates,  nominated  by  the  Boston  Central  Labor  Union, 
one  member  from  two  candidates,  and  one  alternate  from 
two  other  candidates,  nominated  by  the  Boston  Chamber 
of  Commerce,  one  member  from  two  candidates,  and  one 
alternate  from  two  other  candidates,  nominated  by  the 
Boston  Real  Estate  Board,  one  member  from  two  candidates, 
and  one  alternate  from  two  other  candidates,  nominated  by 
the  Massachusetts  Real  Estate  Association,  one  member 
from  two  candidates,  and  one  alternate  from  two  other 
candidates,  nominated,  both  in  the  case  of  the  member  and 
in  the  case  of  the  alternate,  one  by  the  Boston  Society  of 
Architects  and  one  by  the  Boston  Society  of  Landscape 
Architects,  one  member  from  two  candidates,  and  one 
alternate  from  two  other  candidates,  nominated  by  the 
Boston  Society  of  Civil  Engineers,  one  member  from  two 
candidates,  and  one  alternate  from  two  other  candidates, 
nominated  by  the  Master  Builders'  Association  of  Boston, 
one  member  from  two  candidates,  and  one  alternate  from 
two  other  candidates,  nominated  by  the  Massachusetts 
Motor  Truck  Association,  Inc.,  one  member  from  two 
candidates,  and  one  alternate  from  two  other  candidates, 
nominated  by  the  United  Improvement  Association,  and 
one  member,  and  one  alternate,  selected  at  large  by  the 
mayor.  All  appointive  members,  and  all  alternates,  shall 
be  residents  of  or  engaged  in  business  in  Boston.  As  the 
term  of  any  appointive  member  expires,  his  successor  shall 
be  appointed  in  like  manner  as  such  member  for  a  term  of 
five  years.  Any  vacancy  in  the  office  of  an  appointive 
member  shall  be  filled  in  the  same  manner  for  the  unexpired 
term.  As  the  term  of  any  alternate  expires,  his  successor 
shall  be  appointed  in  like  manner  as  such  alternate.  Any 
vacancy  in  the  office  of  an  alternate  shall  be  filled  in  the 
same  manner.  Every  person  appointed  an  alternate  shall 
be  so  appointed  that  his  term  will  expire  at  the  same  time  as 
the  term  of  the  incumbent  member  appointed  in  the  same 
manner  as  such  alternate.  Whenever  there  is  a  vacancy  in 
the  office  of  an  appointive  member,  or  whenever  an  ap- 


68  Acts,  1952. —Chaps.  110,  111. 

pointive  member  is  absent  or  unable  from  any  cause  to 
perform  his  duties,  the  alternate  appointed  in  the  same 
manner  as  such  member  shall  exercise  the  powers  and 
perform  the  duties  of  such  member;  but  an  alternate  shall 
not  otherwise  be  deemed  to  be,  or  act  as,  a  member  of  the 
board. 

Section  2.  The  tenures  of  the  appointive  members  of 
the  board  of  zoning  adjustment  of  the  city  of  Boston  in 
office  when  this  act  takes  effect  shall  not  be  affected  thereby ; 
but  they  shall  serve  according  to  the  provisions  of  their 
respective  appointments. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  28,  1952. 

Chap. 110  An  Act  authorizing  st.  luke's  hospital  of  new  Bedford 

TO    HOLD    ADDITIONAL    REAL    AND    PERSONAL    ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  section 
nine  of  chapter  one  hundred  and  eighty  of  the  General  Laws, 
St.  Luke's  Hospital  of  New  Bedford,  incorporated  under  the 
General  Laws,  is  hereby  authorized  to  hold,  for  the  purposes 
for  which  it  was  incorporated,  real  and  personal  estate  to  an 
amount  not  exceeding  twenty-five  million  dollars  in  value,  in- 
cluding the  amount  which  it  is  already  authorized  by  law  to 
hold. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  28,  1952. 

Chap. Ill  An  Act  providing  for  control  over  municipal  public 

PARKING    places    BY    THE    TRAFFIC    COMMISSION    OF    THE 
CITY   OF  MALDEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  3  of  chapter  67  of  the  acts  of  1947  is 
hereby  amended  by  inserting  after  the  word  "streets",  in 
line  7,  the  words:  — ,  municipal  public  parking  places, — 
so  that  the  first  sentence  will  read  as  follows :  —  The  com- 
mission shall  have  exclusive  authority,  except  as  otherwise 
herein  provided,  to  adopt,  amend,  alter  and  repeal  rules  and 
regulations,  not  inconsistent  with  general  law  as  modified  by 
this  act,  relative  to  vehicular  street  traffic  in  the  city,  and  to 
the  movement,  stopping  or  standing  of  vehicles  on,  and  their 
exclusion  from,  all  or  any  streets,  municipal  public  parking 
places,  ways,  highways,  roads  and  parkways,  under  the  con- 
trol of  the  city,  including  rules  and  regulations  designating 
any  way  or  part  thereof  under  said  control  as  a  through  way 
under  and  subject  to  the  provisions  of  section  nine  of  chap- 
ter eighty-nine  of  the  General  Laws,  and  may  prescribe 
penalties  not  exceeding  fifty  dollars  for  the  violation  of  any 
rule  or  regulation  adopted  hereunder. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  28,  1952. 


Acts,  1952. —  Chaps.  112,  113.  69 


An  Act  relative  to  expenditures  of  fees  collected  QJiq^jj  \\2 

BY    inspectors    OF    BUILDINGS    AND    BOARDS    OF    HEALTH 
IN   CITIES   AND   TOWNS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  is  to  make  its  provisions  relative  to  p""*^^"^^  ®- 
expenditures  of  certain  fees  collected  in  cities  and  towns 
effective  without  delay,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  142  of  the  General  Laws  is  hereby  amended  by  g.  l.  (jer 
striking  out  section  15,  as  appearing  in  the  Tercentenary  amended.' 
Edition,  and  inserting  in  place  thereof  the  following  sec- 
tion:—  Section  16.     Inspectors  of  buildings  and  boards  of  ^porfi 
health  shall  annually,  before  June  first,  make  a  detailed  re-  required, 
port  to  their  respective  cities  or  towns  of  all  their  proceedings 
under  sections  one  to  sixteen,  inclusive,  during  the  preceding 
year.  Approved  February  28,  1952. 


An  Act  relative  to  certain  lines,  poles  and  other  Qhav.W^ 

EQUIPMENT  OF  WESTERN  MASSACHUSETTS  ELECTRIC  COM- 
PANY AND  NEW  ENGLAND  TELEPHONE  AND  TELEGRAPH 
COMPANY    IN   THE  TOWN   OF   BLANDFORD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  All  lines  for  the  transmission  of  electricity 
for  light,  heat  or  power  heretofore  erected  or  acquired  by 
Western  Massachusetts  Electric  Company,  and  all  lines 
heretofore  erected  or  acquired  by  New  England  Telephone 
and  Telegraph  Company  for  the  transmission  of  intelligence 
by  electricity  or  by  telephone,  upon,  along,  under  or  over 
the  public  ways  and  places  of  the  town  of  Blandford,  and  the 
poles,  piers,  abutments,  conduits,  manholes  and  other  fix- 
tures necessary  to  sustain,  protect  or  operate  the  wires  and 
cables  of  said  lines  and  actually  in  place  on  the  effective  date 
of  this  act,  are  hereby  made  lawful,  notwithstanding  the  lack 
of  any  valid  locations  therefor,  or  any  informality  in  the  pro- 
ceedings relative  to  their  location  and  erection;  provided, 
that  the  validation  aforesaid  shall  not  be  effective  as  to  the 
lines,  structures  or  fixtures  aforesaid  of  either  or  both  of  said 
companies  in  said  town  unless  the  company  or  companies 
owning  the  same  shall  have  filed  with  the  clerk  of  said  town 
not  later  than  December  thirty-first,  nineteen  hundred  and 
fifty-two,  a  map  or  maps  showing  the  location  and  nature  of 
said  lines,  structures  and  fixtures  in  said  town,  such  map  or 
maps  so  filed  to  be  recorded  and  kept  with  the  records  of 
original  locations  for  poles  and  wires  in  said  town. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  February  28,  1952. 


70  Acts,  1952.  — Chaps.  114,  115. 

Chap. 114:  An  Act  relative  to  the  salaries  of  the  justices,  clerk, 

AND  assistant  CLERKS  OF  THE  MUNICIPAL  COURT  OF  THE 
ROXBURY   DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  3B  of  chapter  768  of  the  acts  of  1951 
is  hereby  amended  by  adding  at  the  end  the  following  sen- 
tence:—  This  section  shall  not  apply  to  the  offices  of  the 
clerk  and  the  assistant  clerks  of  the  municipal  court  of  the 
Roxbury  district  nor  to  the  office  of  the  justice  of  said  court 
estabhshed  by  chapter  seven  hundred  and  sixty-two  of  the 
acts  of  nineteen  hundred  and  fifty-one. 

Section  2.  Said  chapter  768  is  hereby  further  amended 
by  striking  out  section  4  and  inserting  in  place  thereof  the 
following  section:  —  Section  4-  The  provisions  of  this  act 
relating  to  the  clerk  and  the  assistant  clerks  of  the  municipal 
court  of  the  Roxbury  district  and  the  provisions  thereof 
relating  to  the  office  of  justice  of  said  court  established  by 
chapter  seven  hundred  and  sixty-two  of  the  acts  of  nineteen 
hundred  and  fifty-one  shall  take  effect  as  of  the  time  of 
taking  effect  of  chapter  seven  hundred  and  sixty-two  of  the 
acts  of  nineteen  hundred  and  fifty-one.  The  other  provisions 
of  this  act  shall  take  effect  as  of  September  first,  nineteen 
hundred  and  fifty-one. 

Section  3.  Chapter  762  of  the  acts  of  1951  is  hereby 
amended  by  inserting  after  section  4  the  following  section :  — 
Section  J^A.  Notwithstanding  any  provisions  of  this  act  to 
the  contrary,  the  provisions  of  sections  seventy-seven  A  and 
seventy-eight  of  chapter  two  hundred  and  eighteen  of  the 
General  Laws  in  effect  immediately  prior  to  the  effective 
date  of  this  act  shall  remain  in  effect  and  apply  to  appoint- 
ments to  the  office  of  justice  of  the  municipal  court  of  the 
Roxbury  district  referred  to  therein  which  are  made  on  and 
after  said  effective  date. 

Section  4.  Sections  one  and  two  of  this  act  shall  take 
effect  as  of  the  time  of  taking  effect  of  chapter  seven  hundred 
and  sixty-eight  of  the  acts  of  nineteen  hundred  and  fifty-one; 
and  section  three  of  this  act  shall  take  effect  as  of  the  time 
of  taking  effect  of  chapter  seven  hundred  and  sixty-two  of 
the  acts  of  nineteen  hundred  and  fifty-one. 

Approved  February  28,  1952. 

Chap. 115  An  Act  authorizing  cities  and  towns  to  provide  head- 
quarters FOR  LOCAL  POSTS  OF  THE  LITHUANIAN  WAR 
VETERANS    ORGANIZATION,    INC. 

Be  it  enacted,  etc.,  as  follows: 

Edo.io.l's,         Section  9  of  chapter  40  of  the  General  Laws  is  hereby 

etc!, 'amended,   amended  by  inserting  after  the  words  "  Polish- American 

Veterans,  Inc.",  inserted  by  chapter  303  of  the  acts  of  1950, 

the  words:  —  and  for  a  post  of  the  Lithuanian  War  Veterans 

Organization,  Inc.  Approved  February  28,  1952. 


Acts,  1952. —  Chaps.  116,  117.  71 


An  Act  authorizing  annual  payments  by  the  city  of  (Jhn^  \\a 

BOSTON      TO      THE      PROPRIETORS      OF     THE      SOCIAL      LAW  ^ 

LIBRARY. 

Be  it  enacted,  etc.,  as  follows: 

The  treasurer  of  the  city  of  Boston  shall  in  each  year, 
without  further  authority  than  that  contained  in  this  act, 
pay  to  The  Proprietors  of  the  Social  Law  Library  such  sum 
or  sums  as  the  city  council  of  said  city,  with  the  approval  of 
the  mayor,  may  in  such  year  appropriate  therefor.  All 
sums  so  paid  shall  be  applied  by  The  Proprietors  of  the  Social 
Law  Library  to  the  purchase  of  books  and  the  maintenance 
of  said  library.  Approved  February  28 ^  1952. 


An  Act  increasing  the  penalty  for  the  illegal  prac-  nh„j^  117 

TICE   OF   dentistry.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Chapter  112  of  the  General  Laws  is  hereby  amended  by  o.  l.  (Ter. 
striking  out  section  52,  as  amended  by  chapter  123  of  the  ^tllam^ded^' 
acts  of  1948,  and  inserting  in  place  thereof  the  following 
section :  —  Section  52.  Any  person  who  falsely  asserts  that  Penalties  for 
he  has  a  certificate  granted  by  the  board,  or  who,  having  of^lenS'^y'''^ 
such  certificate  or  a  duplicate  thereof,  fails  to  exhibit  the 
same  as  required  by  section  forty-five,  or  who  falsely  and 
with  intent  to  deceive  claims  to  be  a  graduate  of  any  college 
granting  degrees  in  dentistry,  or  who,  except  as  permitted 
by  section  fifty-three,  directly  or  indirectly  practices  or 
attempts  to  practice  dentistry  or  dental  hygiene  without 
being  registered  under  sections  forty-five  to  fifty-one,  in- 
clusive, or  corresponding  provisions  of  earlier  laws,  or  any 
registered  dentist  or  incorporated  dental  company  who  em- 
ploys or  permits  a  person  to  practice  dentistry  unless  such 
person  is  registered  and  exhibits  his  name  and  certificate  as 
provided  in  sections  forty-four  and  forty-five,  or  any  person 
who  violates  any  provision  of  sections  forty-three  to  fifty- 
three,  inclusive,  for  which  no  other  penalty  is  provided,  shall, 
except  as  provided  in  section  sixty-five,  be  punished  for  the 
first  offence  by  a  fine  of  not  less  than  three  hundred  dollars 
or  by  imprisonment  for  six  months,  or  both;  and  for  a 
subsequent  offence  by  a  fine  of  not  less  than  one  thousand 
dollars  or  by  imprisonment  for  six  months,  or  both ;  and  any 
registered  dentist  who  fails  to  exhibit  his  full  name,  as  re- 
quired by  section  forty-four,  shall  be  punished  by  a  fine  of 
not  more  than  fifty  dollars;  provided,  that  any  corporation 
violating  any  provision  of  sections  forty-three  to  fifty-three, 
inclusive,  shall  be  punished  by  the  fine  herein  provided  for 
such  violation,  and  its  officers,  owners  or  managers  con- 
cerned in  the  violation  shall  be  punished  by  the  fine  or 
imprisonment  herein  provided  for  such  violation,  or  both. 

Approved  February  28,  1952 


72  Acts,  1952. —Chaps.  118,  119,  120. 

Chap. 118  An  Act  allowing  the  granting  of  awards  to  munici- 
pal EMPLOYEES. 

Be  it  enacted,  etc.,  as  follows: 

Edo'io.ls.         Section  5  of  chapter  40  of  the  General  Laws  is  hereby 
etc!, 'amended,    amended  by  inserting  after  clause  (42),  inserted  by  chapter 

113  of  the  acts  of  1951,  the  following  clause:  — 
awa^di'^to"^  ('^^)  ^^^  ^^^  granting  of  monthly  cash  awards  to  munici- 

oertain  mu-  pal  employees  who,  in  the  judgment  of  a  committee  to  be 
pioye^r™  appointed  by  the  mayor,  or  in  cities  governed  by  the  Plan  E 
authorized.  form  of  charter  the  city  manager,  or  in  towns  by  the  chair- 
man of  the  board  of  selectmen,  submit  the  most  valuable 
suggestions  for  improving  the  service  of  the  municipality,  a 
sum  not  exceeding,  in  any  one  year,  one  one-thousandth  of 
one  per  cent  of  the  assessed  valuation  of  the  preceding  year, 
but  in  no  event  more  than  one  thousand  dollars. 

Approved  February  28,  1952. 

Chap. 11^  An  Act  authorizing  the  commissioner  or  labor  and 

INDUSTRIES    TO    SUSPEND    THE    APPLICATION    OF     CERTAIN 
LABOR  LAWS. 

Be  it  enacted,  etc.,  as  folloxos: 

The  commissioner  of  labor  and  industries  is  hereby  au- 
thorized, in  conformity  with  Article  XX  of  Part  the  First 
of  the  Constitution  of  the  Commonwealth,  to  suspend  until 
July  first,  nineteen  hundred  and  fifty-three,  the  application 
or  operation  of  any  provision  of  chapter  one  hundred  and 
forty-nine  of  the  General  Laws  or  of  any  rule  or  regulation 
made  thereunder,  regulating,  limiting  or  prohibiting  the 
employment  of  women  or  minors,  or  both.  The  commis- 
sioner shall  exercise  this  authority  when  he  finds,  after 
opportunity  has  been  given  to  interested  parties  to  be  heard, 
that  an  emergency  exists  or  that  conditions  of  hardship  in 
an  industry,  branch  of  an  industry,  or  individual  establish- 
ment require  or  justify  the  suspension  of  any  provision  of 
such  laws,  rules  or  regulations.  Suspensions  issued  by  the 
commissioner  shall  prescribe,  and  may  be  either  granted 
or  limited  to,  one  or  more  particular  departments,  opera- 
tions or  occupations  within  an  establishment,  or  a  particular 
industry  or  branch  of  an  industry.  The  commissioner  shall 
appoint  industry  advisory  committees,  on  which  employers 
and  employees  shall  be  equally  represented,  to  consult  and 
advise  with  him  in  matters  relating  to  the  suspensions  au- 
thorized by  this  act.  Approved  February  28,  1952. 

Chap. 120  An  Act  relative  to  the  admissibility  in  evidence  of 

BUSINESS   AND    PUBLIC   RECORDS. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Chapter  233  of  the  General  Laws  is  hereby  amended  by 

Mw'l^79E.       inserting  after  section  79D,  inserted  by  chapter  240  of  the 
added.  g^ts  of  1949,  the  following  section:  —  Section  79E.    If  any 


Acts,  1952. —Chaps.  121,  122.  73 

business,  institution,  member  of  a  profession  or  calling,  or  Admissibility 
any  department  or  agency  of  government,  in  the  regular  J,"  clrtai^^ 
course  of  business  or  activity,  has  kept  or  recorded  any  records. 

,  ...  ,  ■     ,  1     L-  1  •     regulated. 

memorandum,  wntmg  entry,  prmt,  representation  or  combi- 
nation thereof,  of  any  act,  transaction,  occurrence  or  event, 
and  in  the  regular  course  of  business  has  caused  any  or  all 
of  the  same  to  be  recorded,  copied  or  reproduced  by  any 
photographic,  photostatic,  microfilm,  microcard,  miniature 
photographic,  or  other  process  which  accurately  reproduces 
or  forms  a  durable  medium  for  so  reproducing  the  original, 
the  original  may  be  destroyed  in  the  regular  course  of  busi- 
ness unless  held  in  a  custodial  or  fiduciary  capacity  or  unless 
its  preservation  is  required  by  law.  Such  reproduction, 
when  satisfactorily  identified,  shall,  in  the  discretion  of  the 
court  or  administrative  body,  be  as  admissible  in  evidence 
as  the  original  itself  in  any  judicial  or  administrative  pro- 
ceeding, even  though  the  original  is  in  existence,  and  an 
enlargement  or  facsimile  of  such  reproduction  shall  be  hke- 
wise  admissible  in  evidence  if  the  original  reproduction  is  in 
existence  and  available  for  inspection  under  direction  of  the 
court.  The  introduction  of  a  reproduced  record,  enlarge- 
ment or  facsimile  shall  not  preclude  admission  of  the  original. 

Approved  February  28 y  1952. 

An  Act  to  make  the  so-called  "Massachusetts  lug"  a  Chav.V2\ 

LEGAL   HALF-BUSHEL    CONTAINER. 

Be  it  enacted,  etc.,  as  follows: 

Section  99A  of  chapter  94  of  the  General  Laws,  as  amended  Ed^.'gJ,^' 
by  section  9  of  chapter  261  of  the  acts  of  1939,  is  hereby  fur-  §  sqa.  etc., 
ther  amended  by  inserting  after  the  fourth  sentence  the  fol-  *™^°'^®^- 
lowing  sentence :  —  The  Massachusetts  lug  for  tomatoes  sold  getts  Lug*^"' 
at  wholesale  or  retail  shall  contain  one  thousand  seventy-  defined, 
eight  and  forty-three  one  hundredths  cubic  inches  and  shall 
be  of  the  following  dimensions  by  inside  measurements: 
seventeen  and  one  half  inches  in  length  by  eight  and  one 
half  inches  in  width  by  seven  and  one  quarter  inches  in  depth. 

Approved  February  28,  1952. 

An  Act  placing  the  office  of  the  medical  examiner  of  Qfiaxf  122 

THE  police  department  OF  THE   CITY  OF  BOSTON  UNDER 
THE   CIVIL   SERVICE   LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  ofiice  of  the  medical  examiner  of  the 
police  department  of  the  city  of  Boston  shall,  upon  the 
effective  date  of  this  act,  become  subject  to  the  civil  service 
laws  and  rules,  and  the  tenure  of  ofiice  of  any  incumbent  of 
said  office  shall  be  unlimited,  subject,  however,  to  said  laws 
and  rules.  The  incumbent  of  said  office  on  said  effective  date 
shall  be  subjected  by  the  division  of  civil  service  to  a  quali- 
fying examination,  and  upon  passing  said  examination  he 


74 


Acts,  1952.— Chaps.  123,  124. 


shall  be  certified  for  said  office  and  shall  be  deemed  to  be 
permanently  appointed  thereto  without  serving  any  pro- 
bationary period. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  city  council  of  the  city  of  Boston,  subject  to 
the  provisions  of  its  charter,  but  not  otherwise. 

Approved  February  28,  1952. 


Chap. 12d  -^N  -^C'^  AUTHORIZING  CITIES  AND  TOWNS  TO  BORROW  MONEY 
FOR   THE    PURPOSE    OF   LINING   WATER   MAINS. 


G.  L.  (Ter. 
Ed.),  44,  §  8, 
etc.,  amended. 


Municipal 
borrowing  for 
water  mains, 
etc. 


G.  L.  (Ter. 
Ed.),  44.  §  8, 
amended. 


Same 
subject. 


Effective  date. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Clause  (5)  of  section  8  of  chapter  44  of  the 
General  Laws,  as  amended  by  chapter  83  of  the  acts  of  1941, 
is  hereby  further  amended  by  inserting  after  the  word  "diam- 
eter", in  line  2,  the  words:  — ,  and  for  lining  such  mains  with 
linings  of  not  less  than  one  sixteenth  of  an  inch,  —  so  as  to 
read  as  follows:  — 

(5)  For  laying  and  relaying  water  mains  of  not  less  than 
six  inches  but  less  than  sixteen  inches  in  diameter,  and  for 
lining  such  mains  with  linings  of  not  less  than  one  sixteenth 
of  an  inch,  and  for  the  development  of  additional  well  fields, 
including  wells,  pipes,  and  original  pumping  station  equip- 
ment, fifteen  years. 

Section  2.  Clause  (6)  of  said  section  8  of  said  chapter 
44,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  inserting  after  the  word  "diameter",  in  line  2, 
the  words :  —  ,  and  for  lining  such  mains  with  linings  of 
not  less  than  one  sixteenth  of  an  inch,  —  so  as  to  read  as 
follows :  — 

(6)  For  constructing  and  laying  aqueducts  and  water 
mains  of  sixteen  inches  or  more  in  diameter,  and  for  lining 
such  mains  with  linings  of  not  less  than  one  sixteenth  of  an 
inch,  twenty-five  years. 

Section  3.  This  act  shall  take  effect  as  of  January  first 
in  the  current  year.  Approved  February  29,  1952. 


Chap. 124:  An   Act   relative  to   expenditures   by  the  town   of 

BOURNE    FOR   MUNICIPAL   ADVERTISING    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Bourne  may  annually  appro- 
priate a  sum,  not  exceeding  three  thousand  dollars,  for  the 
purpose  of  advertising  the  advantages  of  the  town,  with 
special  reference  to  its  facilities  for  summer  vacation,  recrea- 
tion, seashore,  residential  and  small  manufacturing  purposes. 
The  money  so  appropriated  shall  be  expended  under  the  di- 
rection of  the  selectmen. 

Section  lA.  Chapter  164  of  the  acts  of  1937  is  hereby 
repealed. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  said  town  after  its  passage. 

Approved  February  29,  1962. 


Acts,  1952.  —  Chaps.  125,  126,  127.  75 


An  Act  relative  to  service  of  process  upon  the  exec-  Qjidj)  \2b 

UTOR    or    administrator    OF    A    DECEASED    NON-RESIDENT 
operator    OF   A   MOTOR   VEHICLE. 

Be  it  enacted,  etc.,  as  follows: 

Section  3A  of  chapter  90  of  the  General  Laws,  as  appear-  g.  l.  (Ter. 
ing  in  the  Tercentenary  Edition,  is  hereby  amended  by  in-  amended, 
serting  after  the  word  "him",  in  hne  9,  the  words: — or 
against  his  executor  or  administrator. 

Approved  February  29,  1952. 


An    Act    relative    to    the    operation    of    trackless  Chap. 12Q 

TROLLEYS. 

Be  it  enacted,  etc.,  as  folloios: 

Chapter  90  of  the  General  Laws  is  hereby  amended  by  in-  g.  l.  (Ter. 
serting  after  section  10  the  following  section:  —  Section  10 A.  ftoA? added. 
No  person  shall  operate  a  vehicle  operated  by  the  system  Operation  of 
known  as  trolleymotor  or  trackless  trolley  under  chapter  troUeyT 
one  hundred  and  sixty-three,  or  under  section  ten  of  chap-  regulated. 
ter  five  hundred  and  forty-four  of  the  acts  of  nineteen  hundred 
and  forty-seven,  unless  he  is  also  licensed  to  operate  motor 
vehicles.    In  the  operation  of  vehicles  operated  by  the  sys- 
tem known  as  trolleymotor  or  trackless  trolley,  the  operator 
shall  obey  all  provisions  of  law,  ordinances,  by-laws,  rules 
and  regulations  pertaining  to  the  operation  of  motor  vehicles 
not  inconsistent  with  the  construction  or  source  of  power  of 
said  trolleymotor  or  trackless  trolley  vehicles  or  specific 
provisions  of  law,  ordinances,  by-laws,  or  rules  and  regula- 
tions relating  to  the  operation  of  said  trolleymotor  or  track- 
less trolley  vehicles.    Nothing  in  this  section  shall  be  con- 
strued to  include  vehicles  operated  by  the  system  known  as 
trolleymotor  or  trackless  trolley  within  the  definition  of 
"motor  vehicles"  as  contained  in  section  one  of  this  chapter. 
For  violation  of  this  section,  however,  the  registrar  may  take 
such  action  upon  the  motor  vehicle  license  of  the  operator 
as  he  is  authorized  to  take  for  violations  committed  in  the 
operation  of  motor  vehicles.    Approved  February  29,  1952. 

An  Act  authorizing  the  town  of  southborough  to  es-  Qhn'r)  1 27 

TABLISH    A    BOARD     OF    PUBLIC    WORKS     EXERCISING    THE  ^' 

POWERS    OF    CERTAIN    OTHER    BOARDS,    DEPARTMENTS    AND 
OFFICES. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  There  shall  be  established  in  the  town  of 
Southborough  a  board  of  public  works,  hereinafter  called 
the  board,  to  consist  of  three  members.  The  initial  members 
thereof  shall  be  elected  at  the  annual  town  meeting  next 
following  the  date  on  which  this  act  shall  become  fully 
effective,  as  follows:  —  one  to  serve  for  one  year,  one  for 


76  Acts,  1952.  — Chap.  127. 

two  years,  and  one  for  three  years  from  the  date  of  said  an- 
nual town  meeting;  and  thereafter  when  the  term  of  any 
member  expires,  his  successor  shall  be  elected  to  serve  for 
three  years.  In  all  cases,  the  members  shall  serve  until  their 
successors  are  elected  and  quahfied.  Upon  the  date  when 
this  act  shall  become  fully  effective  as  provided  in  section 
four  and  pending  the  election  of  the  initial  members  of  the 
board,  the  board  of  selectmen  shall  act  as  such  board  of 
public  works  with  all  the  powers,  rights  and  duties  provided 
in  section  two.  The  members  of  the  board  of  pubUc  works 
shall  forthwith  after  each  annual  town  election,  elect  one  of 
their  members  to  act  as  chairman  to  serve  until  the  next 
annual  town  election.  Vacancies  in  the  board  shall  be  filled 
for  the  unexpired  term  by  a  joint  meeting  of  the  board  of 
selectmen  and  the  then  remaining  members  of  the  board  of 
pubUc  works.  No  person  shall  serve  on  the  board  who  holds 
another  elective  or  appointive  office  in  the  town.  The  mem- 
bers of  the  board  shall  receive  such  compensation  for  their 
services  as  the  town  may  determine. 

Section  2.  Upon  the  date  when  this  act  becomes  fully 
effective  the  board  shall  have  the  powers,  rights  and  duties 
now  or  from  time  to  time  vested  by  general  or  special  law  in 
the  following  boards,  departments  and  offices  in  said  town, 
to  wit:  water  commissioners,  highway  department,  includ- 
ing the  superintendent  of  streets,  cemetery  commissioners, 
park  department,  moth  department,  and  tree  warden,  and 
such  boards,  departments  and  offices  shall  thereupon  be 
aboUshed.  In  addition,  the  board  is  hereby  authorized  to 
and  shall  assume  all  powers,  rights,  duties  and  liabilities  with 
respect  to  the  collection  and  disposal  of  garbage  in  said  town. 
No  contracts  or  liabihties  in  force  on  the  date  when  this  act 
becomes  fully  effective  shall  be  affected,  but  the  board  shall 
in  all  respects  be  the  lawful  successor  of  the  boards,  depart- 
ments and  offices  so  abolished. 

Section  3.  The  board  shall  appoint  a  superintendent  of 
public  works  and  fix  his  compensation.  He  shall  be  a  com- 
petent civil  engineer,  being  especially  fitted  by  training  and 
experience  to  perform  the  duties  of  said  office.  He  may  or 
may  not  be  a  resident  of  the  town.  The  board  of  selectmen 
acting  as  a  board  of  public  works  as  provided  in  section  one, 
may  appoint  and  remove  a  temporary  superintendent  of 
public  works  to  serve  until  the  election  of  the  board  of  public 
works  and  may  fix  his  compensation.  The  appointment  of 
such  temporary  superintendent  shall  in  no  way  be  binding 
on  the  board  of  public  works.  The  temporary  superintendent 
so  appointed  need  not  possess  the  qualifications  required 
hereunder  in  case  of  the  appointment  of  a  superintendent  by 
the  board  of  public  works.  The  superintendent  shall  exer- 
cise and  perform  under  the  supervision  and  direction  of  the 
board,  such  of  the  powers,  rights  and  duties  transferred  to  it 
under  section  two  as  it  may  from  time  to  time  designate. 
The  superintendent  shall  be  responsible  for  the  efficient 
exercise  and  performance  of  such  powers,  rights  and  duties. 


Acts,  1952.  — Chap.  127.  77 

The  board  by  a  majority  vote  may  at  any  time  remove  the 
superintendent  for  cause  after  a  hearing  or  an  opportunity 
therefor,  provided  a  written  statement  setting  forth  specific 
reasons  for  such  removal  is  filed  with  the  town  clerk  and  a 
copy  thereof  delivered  to  or  sent  by  registered  mail  to  said 
superintendent  at  least  five  days  before  the  date  of  said 
proposed  hearing.  The  action  of  the  board  shall  be  final. 
No  member  of  the  board  shall  be  eligible  for  appointment  as 
such  superintendent  of  public  works.  During  his  tenure, 
the  superintendent  shall  hold  no  elective  or  other  appointive 
office,  nor  shall  he  be  engaged  in  any  other  business  or  occu- 
pation. The  superintendent  shall,  subject  to  the  approval 
of  the  board,  appoint  such  assistants,  agents  and  employees 
as  the  exercise  and  performance  of  his  powers,  rights  and 
duties  may  require  and  may  remove  them,  subject  to  the 
approval  of  the  board.  He  shall  keep  full  and  complete 
records  of  the  doings  of  his  office  and  render  to  the  board  as 
often  as  it  may  require  a  full  report  of  all  operations  under 
his  control  during  the  period  reported  upon;  and  annually 
and  from  time  to  time  as  required  by  the  board,  he  shall 
make  a  synopsis  of  such  reports  for  publication,  including  an 
annual  report  for  publication  in  the  town  report.  He  shall 
keep  the  board  fully  advised  as  to  the  needs  of  the  town  with- 
in the  scope  of  his  duties,  and  shall  annually  furnish  to  the 
board  not  later  than  the  first  day  of  December  of  each  year 
a  carefully  prepared  and  detailed  estimate  in  writing  of  the 
appropriation  required  during  the  next  succeeding  fiscal 
year  for  the  proper  exercise  and  performance  of  all  said 
powers,  rights  and  duties.  The  superintendent,  as  the 
board  may  direct,  may  undertake  such  engineering  services 
as  the  town  may  need  in  departments  other  than  those 
mentioned  in  section  two. 

Section  4.  This  act  shall  take  full  effect  when  accepted 
by  a  majority  of  the  voters  of  said  town  present  and  voting 
thereon  by  ballot  in  accordance  with  the  provisions  of  Gen- 
eral Laws,  so  far  as  the  same  shall  be  applicable,  at  a  meeting 
which  the  selectmen  shall  call  for  the  purpose,  not  later  than 
thirty  days  before  the  annual  town  meeting,  in  answer  to  the 
following  question  which  shall  be  placed  upon  the  official 
ballot  to  be  used  at  said  meeting:  —  "Shall  an  act  passed 
by  the  General  Court  in  the  year  nineteen  hundred  and 
fifty-two  entitled  'An  Act  authorizing  the  town  of  South- 
borough  to  establish  a  board  of  public  works  exercising  the 
powers  of  certain  other  boards,  departments  and  oflfices', 
be  accepted?  " 

Section  5.  At  any  time  after  the  expiration  of  three 
years  from  the  date  on  which  this  act  is  accepted,  twenty 
per  cent  of  the  qualified  voters  of  the  town  may  petition 
the  selectmen  that  the  question  of  revoking  the  acceptance 
of  this  act  be  submitted  to  the  voters  at  a  meeting  to  be 
held  at  least  sixty  days  before  the  annual  town  meeting. 
The  vote  shall  be  taken  by  ballot  in  accordance  with  the 
provisions  of  General  Laws,  so  far  as  the  same  shall  be 


78  Acts,  1952.  —  Chaps.  128,  129. 

applicable,  in  answer  to  the  following  question  which  shall 
be  placed  upon  the  official  ballot  to  be  used  at  said  meeting: 
—  "Shall  the  acceptance  by  the  town  of  an  act  passed  by 
the  General  Court  in  the  year  nineteen  hundred  and  fifty- 
two,  entitled  'An  Act  authorizing  the  town  of  Southborough 
to  establish  a  board  of  public  works  exercising  the  powers  of 
certain  other  boards,  departments  and  offices'  be  revoked?" 
If  such  revocation  is  favored  by  a  majority  of  the  voters 
voting  thereon,  and  if  the  total  number  of  voters  voting 
thereon  shall  be  a  majority  of  the  registered  voters  of  the 
town,  this  act  shall  cease  to  be  operative  on  and  after  the 
next  annual  town  meeting  following  such  vote,  and  the  town 
shall  at  the  next  annual  town  meeting  following  such  vote 
elect  such  boards  and  officers  as  are  necessary  to  exercise  and 
perform  the  powers,  rights  and  duties  transferred  to  the 
board  of  public  works  by  this  act.  Such  action  shall  not 
affect  any  contract  then  existing  or  any  action  at  law  or 
suit  in  equity  or  other  proceeding  then  pending.  All  general 
laws  respecting  town  administration  and  town  officers  and 
any  special  laws  relative  to  the  town,  the  operation  of  which 
has  been  suspended  or  superseded  by  the  acceptance  of  this 
act,  shall  be  revived  by  such  revocation  and  shall  continue 
to  be  in  full  force  and  effect.  By-laws  in  force  when  such 
revocation  takes  effect,  so  far  as  they  are  consistent  with 
general  laws  respecting  town  administration  and  town 
officers,  and  with  special  laws  relating  to  the  town,  shall  not 
be  affected  thereby,  but  any  other  by-law  inconsistent  with 
such  general  or  special  laws  shall  be  annulled.  Any  subse- 
quent petition  to  revoke  the  acceptance  of  this  act  shall  not 
be  filed  under  this  section  oftener  than  once  in  every  three 
years.  Approved  February  29,  1952. 


CJiap. 12S  An  Act  restricting  the  number  of  times  the  name  of 

A    CANDIDATE    MAY    APPEAR    ON    OFFICIAL    BALLOTS    FOR    A 
PARTICULAR  OFFICE. 

Be  it  enacted,  etc.,  as  follows: 

Ed^M^Mi  Section  41  of  chapter  54  of  the  General  Laws,  as  most 
etc!, 'amended',  recently  amended  by  chapter  78  of  the  acts  of  1946,  is  hereby 
of'^name  of  furthcr  amended  by  adding  at  the  end  the  following:  —  The 
candidate  name  of  any  person  shall  not  be  printed  on  the  official  ballot 
re^'st'^tcted.'  or  ou  ballot  kbels  more  than  once  as  a  candidate  for  the 
same  office.  Approved  March  3,  1952. 


Chap. 129  An   Act  relative  to  the  distribution  of  pasters  or 

STICKERS  AT  POLLING  PLACES. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'sllo^        Section  65  of  chapter  54  of  the  General  Laws  is  hereby 

etc!, 'amended,    amended  by  striking  out  the  second  sentence,  as  appearing 

in  section  15  of  chapter  411  of  the  acts  of  1943,  and  inserting 


Acts,  1952.  — Chap.  130.  79 

in  place  thereof  the  following :  —  Pasters,  commonly  called  ^'^^^tw-s"** 
stickers,  shall  not  be  posted  in  the  polUng  place,  in  the  or  stickers 
building  where  the  polling  place  is  located,  on  the  walls  piace"'"^ 
thereof,  on  the  premises  on  which  the  building  stands,  on  regulated. 
the  sidewalk  adjoining  the  premises  where  such  election  is 
being  held,  or  within  one  hundred  and  fifty  feet  of  the 
entrance  to  such  polhng  place.     Such  pasters  or  stickers 
may  be  distributed  adjacent  to  or  in  the  building  where  the 
polling  place  is  located  or  at  the  entrance  to,  but  not  in,  the 
room  where  the  polling  takes  place. 

Approved  March  5,  1952. 


An  Act  relative  to  loans  by  the  city  of  Worcester. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  1  of  chapter  211  of  the  Special  Acts 
of  1916,  as  amended  by  section  1  of  chapter  138  of  the  acts 
of  1920,  is  hereby  further  amended  by  inserting  after  the 
word  "crossings",  in  line  15,  the  words:  —  ,  the  original 
construction  and  surfacing  or  the  resurfacing  with  permanent 
pavement  of  off-street  parking  areas  owned  and  operated 
by  the  city,  the  acquisition  of  land,  by  eminent  domain  or 
purchase,  for  said  parldng  areas,  —  so  as  to  read  as  follows: 
—  Section  1 .  In  addition  to  the  restrictions  contained  in 
chapter  seven  hundred  and  nineteen  of  the  acts  of  the  year 
nineteen  hundred  and  thirteen  relative  to  municipal  in- 
debtedness, the  city  of  Worcester  shall  not  incur  any  in- 
debtedness, other  than  for  temporary  loans  in  anticipation 
of  revenue  for  the  financial  year  in  which  such  indebtedness 
is  incurred,  in  excess  of  the  amount  appropriated  in  the 
same  year  for  sinking  funds  for  the  payment  of  loans  created 
prior  to  the  time  when  the  establishment  of  further  sinking 
funds  for  the  payment  of  debt  was  prohibited  by  said  act, 
except  for  the  development  and  enlargement  of  the  water 
system,  the  construction  of  trunk  sewers,  the  increase  in  the 
capacity  of  the  sewage  purification  plant,  the  erection  of 
high  school  buildings,  the  aboUtion  of  grade  crossings,  the 
original  construction  and  surfacing  or  the  resurfacing  with 
permanent  pavement  of  off-street  parking  areas  owned  and 
operated  by  the  city,  the  acquisition  of  land,  by  eminent 
domain  or  purchase,  for  said  parking  areas,  and  emergencies. 
For  the  purpose  of  this  act,  a  trunk  sewer  is  defined  as  a 
sewer  the  net  cost  of  which,  to  be  borne  by  the  city,  exceeds 
five  dollars  per  lineal  foot.  In  determining  the  amount  ap- 
propriated for  sinking  funds  in  any  year,  under  the  pro- 
visions of  this  act,  amounts  appropriated  for  water  debt 
sinking  funds  shall  be  excluded.  For  the  purpose  of  deter- 
mining the  year  in  which  any  indebtedness  is  incurred  within 
the  meaning  of  this  act  a  debt  shall  be  deemed  to  be  incurred 
at  the  time  when  the  order  of  the  city  council  authorizing 
the  same  is  approved  by  the  mayor,  or  at  the  time  when  the 
order  becomes  valid  without  the  mayor's  approval.    For  the 


Chap. ISO 


80  Acts,  1952.  — Chap.  131. 

purposes  of  this  act  all  loans  heretofore  authorized  but  not 
yet  made  shall  be  deemed  to  be  debts  incurred  at  the  re- 
spective times  when  the  orders  authorizing  the  loans  were 
approved  by  the  mayor. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  7,  1952. 


C/iap.l31  An  Act  authorizing  the  town  of  Bedford  to  construct 

A    main   sewer   within   the   town   of   LEXINGTON. 

Re  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  223  of  the  acts  of  1947  is  hereby 
amended  by  inserting  after  section  1  the  following  section:  — 
Section  lA.  The  town  of  Bedford  is  hereby  authorized  to 
construct  a  force  main  in  Bedford  street  from  the  Bedford- 
Lexington  town  line  for  a  distance  not  exceeding  nine  hun- 
dred feet  in  Lexington,  for  the  purpose  of  removing  the 
sewage  from  the  said  town  of  Bedford  to  the  sewerage  system 
of  the  town  of  Lexington.  Whenever  Bedford  street  shall  be 
dug  up  in  connection  with  the  construction  or  maintenance 
of  the  said  force  main  by  the  tov/n  of  Bedford  in  the  town  of 
Lexington,  the  said  town  of  Bedford  shall  restore  the  same 
to  as  good  order  and  condition  as  the  same  was  when  such 
digging  commenced.  If  the  boards  of  selectmen  of  the  town 
of  Bedford  and  the  town  of  Lexington  shall  be  unable  to  agree 
as  to  the  proper  or  just  sum  or  sums  which  shall  be  paid  by 
the  town  of  Bedford  to  the  town  of  Lexington  for  the  pur- 
poses of  sewage  disposal,  either  town,  acting  by  its  board  of 
selectmen,  may  petition  the  supreme  judicial  court,  which 
shall  appoint  three  commissioners  to  determine  the  same, 
subject  to  the  approval  of  the  court. 

Section  2.  Section  4  of  said  chapter  223  is  hereby 
amended  by  inserting  after  the  word  "and",  in  line  6,  the 
words :  —  any  easement  in  that  portion  of  Bedford  street  in 
the  town  of  Lexington  described  in  section  one  A  necessary 
for  the  construction  of  said  force  main,  and  within  the  town 
of  Bedford,  —  so  as  to  read  a«  follows:  —  Section  4-  Said 
board  of  sewer  commissioners,  acting  for  and  on  behalf  of 
said  town,  may  take  by  eminent  domain  under  chapter 
seventy-nine  of  the  General  Laws,  or  acquire  by  purchase 
or  otherwise,  any  lands,  water  rights,  rights  of  vf&y  or 
easements,  public  or  private,  in  said  town,  necessary  for 
accomphshing  any  purpose  mentioned  in  this  act,  and  any 
easement  in  that  portion  of  Bedford  street  in  the  town  of 
Lexington  described  in  section  one  A  necessary  for  the  con- 
struction of  said  force  main,  and  within  the  town  of  Bedford 
may  construct  such  main  drains  and  sewers  under  or  over 
any  bridge,  railroad,  railway,  boulevard  or  other  public  way, 
or  within  the  location  of  any  railroad,  and  may  enter  upon 
and  dig  up  any  private  land,  public  way  or  railroad  location, 
for  the  purpose  of  laying  such  drains  and  sewers  and  of 
maintaining  and  repairing  the  same,  and  may  do  ojiy  other 


Acts,  1952.  — Chap.  131.  81 

thing,  as  may  be  proper  or  necessary  for  the  purposes  of  this 
act;  provided,  that  they  shall  not  take  in  fee  any  land  of  a 
railroad  corporation,  and  that  they  shall  not  enter  upon  or 
construct  any  drain  or  sewer  within  the  location  of  any 
railroad  corporation  except  at  such  time  and  in  such  manner 
as  they  may  agree  upon  with  such  corporation,  or,  in  case  of 
failure  to  agree,  as  may  be  approved  by  the  department  of 
public  utilities. 

Section  3.  Said  chapter  223  is  hereby  further  amended 
by  striking  out  section  7  and  inserting  in  place  thereof  the 
following  section :  —  Section  7.  The  town  shall  determine 
what  proportion  of  the  cost  of  the  said  sewerage  system, 
pumping  stations  and  force  mains  the  town  shall  pay.  In 
providing  for  the  pa)anent  of  any  portion  of  the  cost  thereof 
by  abutters  to  the  sewerage  system,  including  public  and 
private  institutions,  the  town  may  avail  itself  of  any  or  all 
methods  permitted  by  the  General  Laws,  including  annual 
charges  as  provided  for  in  section  sixteen  of  chapter  eighty- 
three,  which  may  be  applied  to  the  payment  of  the  cost  of 
maintenance  and  repairs  of  the  sewerage  works,  or  of  any 
debt  contracted  for  sewer  purposes,  and  to  defray  such  por- 
tion of  the  cost  of  the  construction  of  the  said  works  as 
may  be  determined  by  the  town,  and  such  charges  and  assess- 
ments shall  be  paid  by  every  person  or  institution  who  enters 
his  or  its  particular  sewer  into  the  sewerage  system  of  the 
town.  The  provisions  of  the  General  Laws  relative  to  the 
assessment,  apportionment,  division,  reassessment,  abate- 
ment and  collection  of  sewer  assessments,  to  liens  there- 
for and  to  interest  thereon,  shall  apply  to  assessments  and 
charges  made  under  this  act.  The  town,  after  a  determina- 
tion has  been  made  of  the  proportion  of  the  cost  of  the 
sewerage  works  the  town  shall  pay,  shall  by  vote  determine 
by  which  of  such  methods  the  remaining  portion  of  said  cost 
shall  be  provided  for.  The  collector  of  taxes  of  said  town 
shall  certify  the  payments  of  such  assessments  or  apportion- 
ments thereof  to  the  sewer  commissioners,  who  shall  preserve 
a  record  thereof. 

Section  4.  Section  8  of  said  chapter  223  is  hereby 
amended  by  striking  out,  in  line  4,  the  words  "two  hundred 
and  seventy-five  "  and  inserting  in  place  thereof  the  words :  — 
five  hundred  and  twenty-five,  —  so  as  to  read  as  follows:  — 
Section  S.  For  the  purpose  of  paying  the  necessary  expenses 
and  liabilities  incurred  under  this  act,  the  town  may  borrow 
such  sums  as  may  be  necessary,  not  exceeding,  in  the  aggre- 
gate, five  hundred  and  twenty-five  thousand  dollars,  and 
may  issue  bonds  or  notes  therefor,  which  shall  bear  on  their 
face  the  words,  Bedford  Sewerage  Loan,  Act  of  1947.  Each 
authorized  issue  shall  constitute  a  separate  loan.  Indebted- 
ness incurred  under  this  act  shall  be  in  excess  of  the  statutory 
limit,  but  shall,  except  as  provided  herein  be  subject  to 
chapter  forty-four  of  the  General  Laws. 

Section  5.  Action  taken  under  this  act  at  the  annual 
town  meeting  of  the  town  of  Bedford  held  in  the  current 


82  Acts,  1952.  — Chap.  132. 

year  shall  be  as  effective  as  though  this  act  had  been  in  full 
force  and  effect  at  the  time  the  warrant  for  said  meeting  was 
posted. 
Section  6.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  7,  1952. 


Ghap. 1S2  An  Act  relative  to  the  payment  of  the  cost  of  con- 
struction OF  PARTICULAR  SEWERS  AND  CONNECTING 
DRAINS   IN   THE   TOWN   OF   NATICK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Natick,  through  its  commis- 
sioners of  public  works,  may,  upon  request  of  the  owner  of 
any  estate  abutting  on  any  way  where  a  main  drain  or 
common  sewer  is  constructed,  lay  in  such  sewered  way  and 
in  the  private  land  of  such  owner  such  particular  sewer  or 
connecting  drain  as  may  be  necessary  to  connect  any  building 
on  such  estate  with  such  main  drain  or  sewer,  and  said 
commissioners  may  make  all  necessary  contracts  in  the 
name  and  behalf  of  the  town  for  such  purpose.  The  ex- 
penses thereof  shall  be  paid  out  of  any  appropriation  that 
may  be  made  by  the  town  therefor. 

Section  2.  The  cost  of  constructing  each  particular 
sewer  or  connecting  drain  shall  be  assessed  by  the  commis- 
sioners of  public  works  upon  the  estate  benefited  thereby. 
Such  assessment  shall  be  made  by  filing  with  the  board  of 
assessors  of  the  town  a  certificate,  designating  the  wa}-  and 
the  private  land  in  which  such  particular  sewer  or  connecting 
drain  has  been  constructed,  and  giving  the  name  or  names 
of  the  owners  of  the  estate  for  which  such  connection  has 
been  made  and  the  amount  of  the  assessment  to  be  paid 
by  such  owner  or  owners.  A  copy  or  duplicate  of  this  cer- 
ti£cate  shall,  within  ten  days  after  the  fihng  of  the  same 
with  the  board  of  assessors,  be  recorded  in  the  registry  of 
deeds  for  the  county  of  Middlesex,  or,  in  the  case  of  registered 
land,  filed  in  the  office  of  the  assistant  recorder  for  Middlesex 
county  registry  district.  The  board  of  assessors  shall,  upon 
receipt  of  such  certificate,  forthwith  commit  such  assess- 
ments or  charges  with  their  warrant  to  the  collector  of  taxes, 
who  shall  forthwith  make  a  demand  in  writing  for  the  pay- 
ment of  such  assessments  or  charges,  and  every  owner  shall, 
within  three  months  after  such  demand  is  served  upon  him 
or  on  the  occupant  of  such  estate,  or  sent  by  mail  to  the  last 
address  of  the  owner  known  to  the  collector  of  taxes,  pay  to 
the  collector  of  taxes  the  sum  so  assessed  or  charged. 

Section  3.  Except  as  herein  provided,  the  provisions 
of  general  law  relative  to  the  assessment,  apportionment, 
division,  re-assessment,  abatement  and  collection  of  sewer 
assessments,  to  liens  therefor  and  to  interest  thereon  shall 
apply  to  assessments  made  under  this  act.  In  applying  said 
provisions  to  assessments  made  under  the  act,  the  notice 
referred  to  therein  shall  be  deemed  to  be  the  demand  of 


Acts,  1952. —Chaps.  133,  134.  83 

the  tax  collector  required  by  section  two  hereof.  The  lien 
for  any  assessment  made  under  this  act  shall  attach  upon 
the  recording  or  fihng  for  registration  of  the  copy  or  dupli- 
cate of  the  certificate  of  assessment.  In  the  apportionment 
of  assessments  made  under  this  act,  no  instalment  shall  be 
less  than  five  dollars. 

Section  4.  Any  moneys  authorized  to  be  appropriated 
and  borrowed  at  the  annual  to^Ti  meeting  of  the  town  of 
Natick  in  the  current  year  for  the  construction  of  sewer 
mains,  pumping  stations  and  force  mains  north  of  West 
Central  street  and  westerly  of  Speen  street  may  be  expended 
for  the  purposes  authorized  by  section  one  of  this  act. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

A'p'proved  March  7,  1952. 


An  Act  authorizing  the  county  of  franklin  to  use  (JJidj)  133 

FUNDS  in  the  post-war  REHABILITATION  FUND  FOR  RE- 
PAIR  OR  CONSTRUCTION  OF  A  ROOF  ON  THE  FRANKLIN 
COUNTY    COURT  HOUSE   IN  THE   TOWN   OF   GREENFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  of  Franklin  is  hereb}'^  authorized 
to  use  ten  thousand  dollars  of  the  funds  in  the  county 
treasury  appropriated  for  a  post-war  rehabilitation  fund  for 
the  repair  or  construction  of  a  roof  on  the  Frankhn  county 
court  house  in  the  town  of  Greenfield. 

Section  2.    Tliis  act  shall  take  effect  upon  its  passage. 

Approved  March  7,  1962. 


An  Act  requiring  the  approval  of  the  board  of  health  Qfiav  134 

BEFORE  A  PLANNING  BOARD  MAY  APPROVE  A  PLAT. 

Whereas,  The  deferred  operation  of  this  act  would  tend  p^ambie*'^ 
to  defeat  its  purpose,  which  is  to  assure  proper  methods  of 
providing  for  sanitary  water  supply,  sewage  and  drainage 
disposal  in  municipal  planning,  therefore  it  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  pubHc  health  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  third  paragraph  of  section  81M  of  chap-  g.  l.  (Ter. 
ter  41  of  the  General  Laws,  as  appearing  in  section  4  of  §  siM/etc, 
chapter  340  of  the  acts  of  1947,  is  hereby  amended  by  in-  amended, 
serting  after  the  third  sentence  the  following  sentence :  —  No  Approval  of 
such  subdivision  shall  be  approved  until  the  local  board  of  hT certa/n^c^se]! 
health  has  advised  the  planning  board,  in  writing,  that  it  required, 
has  approved  the  proposed  method  of  providing  for  sanitary 
water  supply,  sewage  disposal  and  drainage. 

Section  2.    The  provisions  of  this  act  shall  also  apply  to  Act  to  apply 
any  subdivision  approved  by  a  planning  board  prior  to  its  pro^^^ioM. 
effective  date  if  no  building  has  been  constructed  in  such 
subdivision.  Approved  March  7,  1952. 


84  Acts,  1952. —Chaps.  135,  136. 

Chap.lSb  An  Act  increasing  the  amount  that  may  be  expended 

BY  THE  CITY  OF  BOSTON  TO  OBTAIN  INFORMATION  ON 
MUNICIPAL   AFFAIRS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  274  of  the  acts  of  1914  is  hereby 
amended  by  gtriking  out  section  2,  as  amended  by  section  1 
of  chapter  54  of  the  acts  of  1921,  and  inserting  in  place  thereof 
the  following:  —  Section  2.  The  mayor  and  city  council  of 
the  cit}'  of  Boston  are  hereby  authorized  to  appropriate  an- 
nually, under  the  provisions  of  section  three  of  chapter  four 
hundred  and  eighty-six  of  the  acts  of  nineteen  hundred  and 
nine,  an  amount  not  exceeding  seventy-five  hundred  dollars 
to  defray  the  traveling  and  other  necessary  expenses  incurred 
under  the  provisions  of  section  one  of  this  act.  An  itemized 
account  of  such  expenses  shall  be  filed  with  the  city  auditor. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  7,  1952. 

C/iap.  136  An  Act  increasing  the  amount  of  money  that  the  town 

OF  LYNNFIELD  may  BORROW  FOR  SCHOOL  PURPOSES  AND 
VALIDATING  CERTAIN  ACTION  OF  THE  TOWN  IN  CONNECTION 
WITH    SUCH    BORROWING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  1  of  chapter  723  of  the  acts  of  1951 
is  hereby  amended  by  striking  out,  in  hues  5  and  6,  the  words 
"five  hundred  thousand"  and  inserting  in  place  thereof  the 
words:  —  one  million,  —  so  as  to  read  as  follows:  —  Section  1. 
For  the  purpose  of  constructing  and  originally  equipping  and 
furnishing  a  new  school  building,  the  town  of  Lynnfield  may 
borrow,  from  time  to  time,  within  a  period  of  five  years  from 
the  passage  of  this  act,  such  sums  as  may  be  necessary,  not 
exceeding,  in  the  aggregate,  one  million  dollars,  and  may 
issue  bonds  or  notes  therefor,  which  shall  bear  on  their 
face  the  words,  Lynnfield  School  Building  Loan,  Act  of  1951. 
Each  authorized  issue  shall  constitute  a  separate  loan  and 
such  loans  shall  be  paid  in  not  more  than  twenty  years  from 
their  dates.  Indebtedness  incurred  under  this  act  shall  be 
in  excess  of  the  statutory  limit,  but  shall,  except  as  pro- 
vided herein,  be  subject  to  chapter  forty-four  of  the  General 
Laws,  exclusive  of  the  Umitation  contained  in  the  first  para- 
graph of  section  seven  thereof. 

Section  2.  The  action  of  the  inhabitants  of  the  town  of 
Lynnfield,  at  a  town  meeting  in  the  year  nineteen  hundred 
and  fifty-one,  in  voting  to  appropriate  one  milhon  one  hun- 
dred thousand  dollars,  of  which  one  million  ninety-five  thou- 
sand dollars  was  to  be  borrowed  and  five  thousand  dollars 
was  to  be  transferred  from  the  unexpended  balance  of  a  cer- 
tain prior  appropriation,  to  provide  money  to  construct, 
equip  and  furnish  a  new  school  building  is  hereby  ratified 
and  confirmed. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  7,  196S. 


Acts,  1952.— Chaps.  137,  138,  139,  140.  85 

An  Act  relative  to  real  estate  loans  by  co-operative  Qhnj)  1Q7 

BANKS,  ^' 

Be  it  enacted,  etc.,  as  follows: 

Paragraph  8  of  section  24  of  chapter  170  of  the  General  EdV'i7o''8  24 
Laws,  as  appearing  in  section  1  of  chapter  371  of  the  acts  of  etc!, 'amended.' 
1950,  is  hereby  amended  by  inserting  after  the  first  sentence 
the  following  sentence :  —  In  the  case  of  a  construction  loan,  Construction 
during  the  period  of  construction,  suspension  of  principal  J.'^^^ative 
payments  shall  not  be  for  a  period  of  more  than  nine  months,  banks. 

Approved  March  7,  1962.      '^«"'*****- 

An  Act  relative  to  the  right  of  civil  service  employees  Qhav  138 
to  petition  their  city  or  town  government  and  to 
appear  before  committees  thereof. 

Be  it  enacted,  etc.,  asfolloios: 

Chapter  31  of  the  General  Laws  is  hereby  amended  by  in-  o.  l.  (Ter. 
serting  after  section  46 J,  inserted  by  chapter  288  of  the  acts  ft6i{?addMi 
of  1946,  the  following  section:  —  Section  46K.    The  right  of  Certain  rights 
persons  employed  under  civil  service  by  any  city  or  town  of  eLpi^yl^^"* 
the  commonwealth,  either  indi^ddually  or  collectively,  to  regijated.' 
petition  the  city  or  town  government  or  anj'-  member  thereof, 
to  furnish  information  to  the  mayor,  city  or  town  manager, 
city  council,  board  of  aldermen  or  selectmen,  or  to  appear 
before  any  committee  thereof  shall  not  be  denied  or  inter- 
fered with.     This  section  shall  not  authorize  an  employee 
not  on  leave  to  absent  himself  during  regular  working  hours 
from  his  office  or  employment  without  permission. 

Approved  March  7,  1952. 

An  Act  providing  for  advancement  for  speedy  trial  nhn^  iqq 

OF    CERTAIN   ACTIONS    UNDER   THE    ELECTION   LAWS.  ^  * 

Be  it  enacted,  etc.,  as  follows: 

Chapter  231  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
inserting  after  section  59C,  inserted  by  section  1  of  chapter  ^bli^^^i^. 
118  of  the  acts  of  1935,  the  following  section:  —  Section  59D.  Speedy  tnai 
An  action  in  law  or  in  equity  or  otherwise  commenced  in  any  actlw^^under 
court  of  this  commonwealth  to  determine  the  results  of  an  f^^.g^'*"*'"'* 
election,  primary  or  caucus,  or  to  enforce,  determine  the  authorized, 
meaning  or  application  of  any  of  the  provisions  of  chapters 
fifty  to  fifty-four  A,  inclusive,  on  motion  of  any  party  thereto, 
shall  be  advanced  by  the  court  for  speedy  trial  so  that  it 
may  be  heard  and  determined  with  as  little  delay  as  possible. 

Approved  March  7,  1952. 

An  Act  relative  to  the  boston  firemen's  relief  fund,  nhn^  \ac\ 

Be  it  enacted,  etc.,  as  folloios: 

Chapter  308  of  the  acts  of  1909  is  hereby  amended  by 
striking  out  section  3,  as  amended  by  section  2  of  chapter  134 
of  the  acts  of  1911,  and  inserting  in  place  thereof  the  fol- 


86  Acts,  1952.  — Chap.  141. 

lowing  section :  —  Section  S.  The  corporation  shall,  sub- 
ject to  the  approval  of  the  majority  of  members  of  the  Bos- 
ton fire  department  and  members  of  the  Boston  protective 
department  voting  at  the  annual  election  of  the  members  of 
the  Boston  Firemen's  Relief  Fund,  and  further  subject  to 
the  approval  of  the  fire  commissioner  of  the  city  of  Boston, 
adopt  by-laws  for  the  management  of  its  property  and  for 
carrying  out  its  purposes;  and  it  shall  annually,  within  sixty 
days  after  the  election  herein  provided  for,  choose  such  offi- 
cers as  may  be  required  by  its  by-laws.  The  corporation 
shall  annually  file  a  report  with  the  city  clerk  of  said  city 
and  with  the  commissioner  of  corporations  and  taxation 
showing  in  detail  its  assets  and  liabilities,  its  receipts  of 
money  or  other  property,  the  source  of  such  receipts,  and  a 
statement  of  all  sums  paid  out  for  relief  or  for  expenses,  with 
the  names  of  the  persons  receiving  the  same. 

Approved  March  7,  1952. 


Chap. 14:1  An   Act   relative   to    preliminary   elections   in   the 

CITY  OF  PEABODY. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Chapter  300  of  the  Special  Acts  of  1916  is 
hereby  amended  by  inserting  after  section  19  the  following 
section:  —  Section  19 A.  If  at  the  expiration  of  the  time 
for  filing  statements  of  candidates  to  be  voted  for  at  any 
preliminary  election  not  more  than  twice  as  many  such 
statements  have  been  filed  with  the  city  clerk  for  the  office 
of  mayor,  councillor  at  large,  ward  councillor,  member  of 
the  school  committee  or  trustee  of  the  Peabody  Institute  as 
are  to  be  elected  to  said  offices  respectively,  the  candidates 
whose  statements  have  thus  been  filed  shall  be  deemed  to 
have  been  nominated  to  said  offices  respectively,  and  their 
names  shall  be  used  at  such  regular  or  special  election,  and 
the  city  clerk  shall  not  print  said  names  upon  the  ballot  to 
be  used  at  said  preliminary  election,  and  no  other  nomination 
to  said  offices  shall  be  made.  And  if  in  any  ward,  at  the 
expiration  of  the  time  for  filing  statements  of  candidates  to 
be  voted  for  at  any  preliminary  election,  not  more  than 
twice  as  many  such  statements  have  been  filed  with  the 
city  clerk  for  the  office  of  councillor  from  such  ward  as  are 
to  be  elected,  the  candidates  whose  statements  have  thus 
been  filed  shall  be  deemed  to  have  been  nominated,  and 
their  names  shall  be  printed  on  the  official  ballot  to  be  used 
at  such  regular  or  special  election,  and  the  city  clerk  shall 
not  print  said  names  upon  the  ballot  to  be  used  at  said 
preliminary  election,  and  no  other  nominations  to  said 
offices  shall  be  made.  And  if  it  shall  appear  that  no  names 
are  to  be  printed  upon  the  official  ballot  to  be  used  at  any 
preliminary  election  in  any  ward  or  wards  of  the  city,  no 
preliminary  election  shall  be  held  in  any  such  ward  or  wards. 

Section  2.  This  act  shall  be  submitted  to  the  registered 
voters  of  the  city  of  Peabody  at  its  next  city  election  in  the 


Acts,  1952.— Chaps.  142,  143.  87 

form  of  the  following  question,  which  shall  be  placed  on  the 
official  ballot  to  be  used  at  said  election:  —  "Shall  an  act 
passed  by  the  general  court  in  the  year  nineteen  hundred 
and  fifty-two,  entitled  'An  Act  relative  to  preliminary 
elections  in  the  city  of  Peabody',  be  accepted?"  If  a  ma- 
jority of  the  votes  in  answer  to  said  question  is  in  the  af- 
firmative, this  act  shall  thereupon  take  full  effect,  but  not 
otherwise.  Approved  March  7,  1962. 


An  Act  relative  to  the  appointment  of  trustees  of  (jfid'T)  140 

STATE    INSTITUTIONS    TO    CERTAIN    OFFICES    OR     POSITIONS 
IN   SUCH   INSTITUTIONS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  30  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
inserting  after  section  23,  as  appearing  in  the  Tercentenary  f 23Afaddld. 
Edition,  the  following  section:  —  Section  23 A.    Any  trustee  Appointments 
of  a  state  institution  who  is  appointed  to  such  office  by  the  tl^tees^ 
governor,  with  the  ad^dce  and  consent  of  the  council,  shall,  regulated. 
during  the  term  for  which  he  was  appointed,  be  ineligible 
to  hold  any  other  office  or  position  in  said  institution. 

Approved  March  7,  1952. 


An  Act  authorizing  an  appeal  from  decisions  of  the  C/ia»,143 

BUILDING  AND  HEALTH  COMMISSIONERS  OF  THE  CITY  OF 
boston  approving  CERTAIN  LOCATIONS  IN  SINGLE  RESI- 
DENCE   DISTRICTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Paragraph  (3)  of  section  3  of  chapter  488  of 
the  acts  of  1924,  as  amended  by  section  3  of  chapter  373  of 
the  acts  of  1941,  is  hereby  further  amended  by  inserting  after 
the  word  "hearing",  in  line  7,  the  following: —  ;  and  pro- 
vided, further,  that  any  person  aggrieved  by  a  decision  of 
said  commissioners  may,  within  ninety  days  after  notice 
thereof,  appeal  therefrom  as  provided  in  section  nineteen,  — 
so  as  to  read  as  follows :  — 

(3)  Educational,  religious,  philanthropic  or  other  insti- 
tutional uses,  provided  that  in  the  case  of  a  hospital,  home 
for  aged,  convalescent  home,  sanitarium,  correctional  insti- 
tution or  similar  use  the  health  commissioner  of  Boston  and 
building  commissioner  of  Boston  approve  the  location  as  not 
detrimental  or  injurious  to  the  residential  character  of  the 
neighborhood  after  public  notice  and  hearing;  and  provided, 
further,  that  any  person  aggrieved  by  a  decision  of  said  com- 
missioners may,  within  ninety  days  after  notice  thereof,  ap- 
peal therefrom  as  provided  in  section  nineteen; 

Section  2.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  fifty-three. 

Approved  March  7,  1962. 


88  Acts,  1952. —  Chaps.  144,  145,  146,  147. 

Ch^ip. 144  An  Act  to  make  uniform  in  certain  statutes  the  date 

OF   THE    END   OF   THE    FISCAL   YEAR. 

Be  it  enacted,  etc.,  as  follows: 

Edt  7^r30  Section  30  of  chapter  7  of  the  General  Laws,  as  appearing 

amended.    '     in  the  Tercentenary  Edition,  is  hereby  amended  by  striking 

out,  in  line  18  and  in  Une  21,  the  word  "November"  and 

inserting  in  place  thereof,  in  each  instance,  the  word :  — 

June.  Approved  March  7,  1952. 

Chap. 146  An  Act  designating  the  mew  swimming  pool  in  the 

CITY  OF  WALTHAM  AS  THE  LOUIS  B.  CONNORS  MEMORLA.L 
POOL. 

Be  it  enacted,  etc.,  as  follows: 

The  swimming  pool  authorized  to  be  constructed  and 
maintained  in  the  city  of  Waltham  under  authority  of  chap- 
ter six  hundred  and  forty-eight  of  the  acts  of  nineteen  hun- 
dred and  forty-nine  shall  be  designated  and  knowTi  as  the 
Louis  B.  Connors  Memorial  Pool.  The  metropolitan  district 
commission  is  hereby  authorized  and  directed  to  erect  at 
said  pool,  upon  its  completion,  a  suitable  tablet  or  marker 
bearing  said  designation.  Approved  March  7,  1952. 

Chap. 14^  An  Act  permitting  facsimile  signatures  on  certain 

INSURANCE    policies. 

Emergency  Whcreas,   The  deferred  operation  of  this  act  would  tend 

pream  e.  ^^  defeat  its  purpose  which  is  to  make  valid  without  delay 
facsimile  signatures  on  certain  insurance  policies,  therefore 
it  is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preser\'"ation  of  the  public  safety  and  con- 
venience. 

Be  it  enacted,  etc.,  as  follows: 

Ed^ffs**  "^^^  ^^^^  paragraph  of  section  157  of  chapter  175  of  the 

§  ib7,  etc..  General  Laws,  as  most  recently  amended  by  chapter  451  of 

amen  ed.  ^^^  ^^^^  ^^  1941,  is  hereby  further  amended  by  adding  at 

r^'^l™''®^"*'  the  end  the  following  sentence:  —  A  facsimile  of  a  signature 

natures  on  i  •  i  •  •  i  i  •  c  • 

certain  insur-     01  any  such  resident  agent  iraprmted  on  any  policy  oi  acci- 
aSthom'^^'     dent  insurance  issued  to   airplane  or  railroad  passengers 
through  vending  machines,  which  he  is  authorized  to  sign, 
shall  have  the  same  validity  as  his  written  signature. 

Approved  March  10,  1952. 

Chap. 147  An   Act   authorizing   Worcester    five    cents   savings 

BANK  TO  INVEST  IN  IMPROVEMENT  OF  ITS  BUILDING  IN  THE 
CITY  OF  WORCESTER  USED  FOR  THE  TRANSACTION  OF  ITS 
BUSINESS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Worcester  Five  Cents  Savings  Bank,  in- 
corporated under  chapter  two  hundred  and  forty  of  the 
acts  of  eighteen  hundred  and  fifty-four,  and  having  its  usual 


Acts,  1952.  — Chaps.  148,  149.  89 

place  of  business  in  the  city  of  Worcester,  may,  subject  to 
the  approval  of  the  commissioner  of  banks,  invest  in  the 
alteration  or  renovation  of  the  building  now  owned  by  it  in 
said  Worcester  and  used  in  whole  or  in  part  for  its  business 
purposes,  or  in  the  erection  of  a  new  building  on  the  same 
site,  a  sum  not  exceeding  five  hundred  thousand  dollars,  in 
addition  to  any  sums  said  bank  has  heretofore  been  author- 
ized to  invest  in  connection  with  said  building  and  the  land 
on  which  it  is  situated. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  10,  1952. 

An  Act  relative  to  certain  shares  of  co-operative  Chav.\4:^ 

BANKS  owned  BY  PERSONS  ENGAGED  IN  THE  MILITARY 
OR  NAVAL  SERVICE  OF  THE  UNITED  STATES,  OR  BY  THEIR 
DEPENDENTS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  J;'^3"°^ 
to  defeat  its  purpose,  which  is  to  protect  certain  shareholders 
of  co-operative  banks  who  are  in  the  service  of  the  armed 
forces  of  the  United  States,  therefore  this  act  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  2  of  chapter  371  of  the  acts  of  1950  is  hereby 
amended  by  adding  at  the  end  the  following  paragraph :  — 

During  any  period  that  the  United  States  is  in  a  state  of 
war  or  is  engaged  in  hostilities  under  the  flag  of  the  United 
Nations,  or  has  any  form  of  compulsory  military  training, 
military  share  accounts  may  be  maintained  in  the  manner 
described  in  section  seventeen  A  of  said  chapter  one  hundred 
and  seventy  as  in  force  immediately  prior  to  the  effective 
date  of  this  act.  Approved  March  10,  1952. 

An  Act  relative  to  guaranty  funds  of  co-operative  (7/^ax>.149 

BANKS. 

Whereas,    The  deferred  operation  of  this  act  would  tend  p^Se"*" 
to  defeat  its  purpose,  which  is  to  make  the  provisions  con- 
tained therein  effective  immediately,  therefore  it  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  immedi- 
ate preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

If,  during  the  period  from  January  first,  nineteen  hundred 
and  fifty-two  to  July  first,  nineteen  hundred  and  fifty-three, 
at  any  distribution  date  the  guaranty  fund  and  surplus 
account  together  amount  to  at  least  eleven  per  cent  of  the 
share  liability  of  a  co-operative  bank,  the  transfer  to  the 
guaranty  fund  described  in  the  second  paragraph  of  section 
thirty-eight  of  chapter  one  hundred  and  seventy  of  the 
General  Laws  shall  not  be  required,  provided  an  equivalent 
amount  is  transferred  from  the  surplus  account  to  the 
guaranty  fund.  Approved  March  10,  1952. 


90 


Acts,  1952. —  Chaps.  150,  151. 


Chap. 150  An  Act  further  limiting  the  investments  by  a  trust 

COMPANY    IN    CERTAIN    LOANS    INSURED    BY    THE    FEDERAL 
HOUSING    COMMISSIONER. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  172  of  the  General  Laws  is  hereby  amended  by 
inserting  after  section  34  the  following  section:  —  Section 
SJfA.  In  addition  to  the  provisions  contained  in  section 
thirty-four  and  subject  to  regulations  made  by  the  com- 
missioner such  corporation  may,  in  its  commercial  depart- 
ment, make,  acquire  or  participate  in  first  mortgages  of  real 
estate  without  restrictions  as  to  the  location  of  properties 
securing  such  loans  when  the  notes  have  been  endorsed  for 
insurance,  or  commitments  to  insure  have  been  given,  by 
the  Federal  Housing  Commissioner,  or  combined  with 
secondary  mortgages  guaranteed  in  full  by  the  United  States 
of  America  under  the  Servicemen's  Readjustment  Act  of 
nineteen  hundred  and  forty-four,  as  amended;  provided, 
that  the  amount  so  invested  by  such  corporation  shall  not 
exceed  the  limits  with  respect  to  the  liability  of  one  borrower 
as  is  contained  in  section  forty.    Approved  March  10, 1952. 


G.  L.  (Ter. 
Ed.),  172, 
new  §  34A, 
added. 
Investments 
by  trust 
companies  in 
certain  loans 
insured  by 
federal  housing 
oommissioner, 
regulated. 


Chay. Ibl  An  Act  to  extend  the  rights  under  summary  process 
TO  purchasers  of  real  estate. 


G.  L.  (Ter. 
Ed.),  239.  §  1, 
etc.,  amended. 


Rights  under 
summary  proc- 
ess,   extended. 


G.  L.  (Ter. 
Ed.),  239,  §  6, 
amended. 
Condition  of 
bond  in  action 
for  possession 
after  purchase. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  first  sentence  of  section  1  of  chapter  239 
of  the  General  Laws,  as  amended  by  section  1  of  chapter  242 
of  the  acts  of  1941,  is  hereby  further  amended  by  inserting 
after  the  word  "otherwise",  in  hues  8  and  9,  the  following: 
—  ,  or  if  a  person  has  acquired  title  to  land  or  tenements  by 
purchase,  and  the  seller  or  any  person  holding  under  him 
refuses  to  surrender  possession  thereof  to  the  buyer,  —  so 
as  to  read  as  follows :  —  If  a  forcible  entry  into  land  or  tene- 
ments has  been  made,  if  a  peaceable  entry  has  been  made 
and  the  possession  is  unlawfully  held  by  force,  if  the  lessee 
of  land  or  tenements  or  a  person  holding  under  him  holds 
possession  without  right  after  the  determination  of  a  lease 
by  its  own  Hmitation  or  by  notice  to  quit  or  otherwise,  or  if  a 
mortgage  of  land  has  been  foreclosed  by  a  sale  under  a  power 
therein  contained  or  otherwise,  or  if  a  person  has  acquired 
title  to  land  or  tenements  by  purchase,  and  the  seller  or  any 
person  holding  under  him  refuses  to  surrender  possession 
thereof  to  the  buyer,  or  if  a  tax  title  has  been  foreclosed  by 
decree  of  the  land  court,  the  person  entitled  to  the  land  or 
tenements  may  recover  possession  thereof  under  this  chapter. 

Section  2.  Section  6  of  said  chapter  239,  as  appearing 
in  the  Tercentenary  Edition,  is  hereby  amended  by  adding 
at  the  end  the  following  sentences :  —  If  the  action  is  for 
possession  of  land  after  purchase,  the  condition  of  the  bond 
shall  be  for  the  entry  of  the  action  and  payment  to  the 
plaintiff,  if  final  judgment  is  in  his  favor,  of  all  costs  and  of  a 


Acts,  1952.  — Chaps.  152,  153.  91 

reasonable  amount  as  rent  of  the  land  from  the  day  that  the 
purchaser  obtained  title  to  the  premises  until  the  delivery 
of  possession  thereof  to  him,  together  with  all  damage  and 
loss  which  he  may  sustain  by  withholding  ef  possession  of 
the  land  or  tenement  demanded,  and  by  any  injury  done 
thereto  during  such  withholding  with  all  costs.  Upon  final 
judgment  for  the  plaintiff,  all  money  then  due  to  him  may 
be  recovered  in  an  action  on  the  bond. 

Approved  March  10,  1952. 


An  Act  designating  the  ice-skating  rink  to  be  con-  QJiqj)  152 
structed  in  the  blue  hills  reservation  or  vicinity 
as  the  max  ulin  skating  rink. 

Be  it  enacted,  etc.,  as  folloros: 

Section  1.  The  ice-skating  rink  to  be  constructed  in  the 
Blue  Hills  reservation  or  vicinity  by  the  metropolitan  dis- 
trict commission,  under  authority  of  chapter  six  hundred 
and  two  of  the  acts  of  nineteen  hundred  and  fifty,  shall  be 
known  and  designated  as  the  Max  Ulin  Skating  Rink  in 
commemoration  of  the  late  Max  Ulin,  former  member  of 
the  state  senate  and  at  the  time  of  his  death  a  member  of 
said  commission.  A  suitable  tablet  or  marker  bearing  said 
designation  shall  be  erected  by  said  commission  at  said  rink 
upon  its  completion. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  12,  1952. 


An  Act  further  regulating  the  inspection  of  boilers.  Chav.XbZ 

Be  it  enacted,  etc.,  as  folloxos: 

Section  13  of  chapter  146  of  the  General  Laws,  as  appear-  o.  l.  (Ter. 
ing  in  the  Tercentenary  Edition,  is  hereby  amended  by  ^mendecf.'  ^  ^^' 
inserting  after  the  word  "commonwealth",  in  line  4,  the 
following :  —  ;  or,  in  the  case  of  shop  inspections  in  a  boiler 
shop  outside  of  the  commonwealth,  by  such  other  inspectors 
holding  a  national  board  of  boiler  and  pressure  vessel  in- 
spectors commission  as  are  approved  by  the  chief  of  inspec- 
tions,—  so    as    to    read    as    follows:  —  Section  13.      The  inspection  of 
inspection  of  boilers  and  appurtenances  shall  be  made  by  reg^a'ted!^*^"' 
the  division,  under  the  supervision  of  the  chief,  or  by  in- 
spectors of  insurance  companies  authorized  to  insure  steam 
boilers  in  the  commonwealth ;  or,  in  the  case  of  shop  inspec- 
tions in  a  boiler  shop  outside  of  the  commonwealth,  by  such 
other  inspectors  holding  a  national  board  of  boiler  and 
pressure  vessel  inspectors  commission  as  are  approved  by 
the  chief  of  inspections.  Approved  March  12,  1952. 


92  Acts,  1952.— Chaps.  154,  155,  156. 

Chap. 154:  An  Act  increasing  the  fee  for  filing  an  appeal  from 

A   REFUSAL   TO   ISSUE   A    CERTIFICATE    OF   COMPETENCY    TO 
INSPECT  STEAM  BOILERS  FOR  INSURANCE  COMPANIES. 

Be  it  enacted,  etc.,  asfolloivs: 

Edo.'  i46^§  63.      Section  63  of  chapter  146  of  the  General  Laws,  as  appear- 
amended.'         ing  in  the  Tercentenary  Edition,  is  hereby  amended  by 
striking  out,  in  line  7,  the  word  "fifteen"  and  inserting  in 
place  thereof  the  word :  —  twenty,  —  so  as  to  read  as  follows: 
Fee.  —  Section  63.     A  person  who  is  refused  a  certificate  of 

competency,  or  whose  certificate  is  revoked,  may  appeal 
from  such  decision  to  the  commissioner,  who  shall  grant  a 
rehearing  of  the  case  by  a  board  of  five  examiners,  no  one 
of  whom  shall  have  acted  as  an  examiner  in  the  former 
instance;  provided,  that  in  the  case  of  a  person  desiring  to 
appeal  from  a  refusal  to  issue  to  him  a  certificate  of  com- 
petency such  appeal  is  accompanied  by  a  fee  of  twenty 
dollars.  Their  decision  shall  be  final  if  approved  by  said 
commissioner.  Approved  March  12,  1952. 

Chap. 155  An  Act  to  insure  adequate  safety   conditions  for 

WINDOW    cleaners. 

Be  it  enacted,  etc.,  as  folloios: 

G.  L.  (Ter  Section  6  of  chapter  149  of  the  General  Laws,  as  most 

etc!, 'amended*,    recently  amended  by  chapter  249  of  the  acts  of  1937,  is 
hereby  further  amended  by  adding  at  the  end  the  following 
two  paragraphs :  — 
Safety  condi-         The  rules  and  regulations  for  suitable  safety  devices  or 
do^cieL^rs'     other  reasonable  means  or  requirements  for  the  prevention 
regulated.         Qf  accidcuts  shall  also  be  applicable  to  self-employed  and 
individual  contractors  who  themselves  work  at  the  trade  as 
well  as  to  employees. 
Penalty.  Whoever  violates  any  reasonable  rule,  regulation  or  re- 

juTisdiction.  quirement  made  by  the  department  under  authority  hereof 
shall  be  punished  by  a  fine  of  not  more  than  one  hundred 
dollars  for  each  offence.  The  department  or  its  representa- 
tive or  any  person  aggrieved,  any  interested  party  or  any 
officer  of  any  labor  union  or  association,  whether  incor- 
porated or  otherwise,  may  file  a  written  complaint  with  the 
district  court  in  the  jurisdiction  of  which  the  violation 
occurs.  Approved  March  12,  1952. 

Chap. 15^  An  Act  further  regulating  deductions  from  the  sal- 
aries OF  clerks  of  district  courts  on  account  of 
absence  from  court. 

Be  it  enacted,  etc.,  as  follows: 

g.  l.  (Ter.  SECTION  1.    Sectiou  9  of  chapter  218  of  the  General  Laws, 

^tll'amfAied'.    as  most  recently  amended  by  section  1  of  chapter  604  of  the 

acts  of  1951,  is  hereby  further  amended  by  inserting  after 

the  word  "court",  the  first  time  it  appears  in  line  2,  the 


Acts,  1952.  — Chaps.  157,  158.  93 

words:  —  or  of  the  Boston  juvenile  court,  —  so  that  the 
first  sentence  will  read  as  follows:  —  In  case  of  the  absence,  Deductions 
death  or  removal  of  a  clerk  of  a  district  court  or  of  the  Boston  o?derki*of^ 
juvenile  court,  the  court  may  appoint  a  temporary  clerk,  to  ^^^ll^ 
act  until  the  clerk  resumes  his  duties  or  until  the  vacancy  regulated, 
is  filled. 

Section  2.    Section  11  of  said  chapter  218,  as  amended  EdV"2i8'^'§  ii 
by  section  2  of  said  chapter  604,  is  hereby  further  amended  etc., amended.' 
by  inserting  after  the  word  "Boston",  in  line  3,  the  words: 
— ,  or  of  the  Boston  juvenile  court,  —  so  that  the  first 
sentence  will  read  as  follows :  —  In  case  of  the  absence,  Appointment 
death  or  removal  of  a  salaried  assistant  clerk  of  a  district  aMifSSr"^ 
court,  other  than  the  municipal  court  of  the  city  of  Boston,  "lerk. 
or  of  the  Boston  juvenile  court,  the  clerk,  subject  to  the 
approval  of  the  justice,  may  appoint  a  temporary  assistant 
clerk,  to  act  until  such  assistant  clerk  resumes  his  duties  or 
until  the  vacancy  is  filled.  Approved  March  12,  1952. 

An  Act  relative  to  membership  in  the  contributory  Chap. 157 

RETIREMENT  SYSTEM   OF  PERMANENT   WATERSHED   GUARDS 
AND   PERMANENT   PARK   POLICE. 

Be  it  enacted,  etc.,  as  follows: 

Group  B  of  paragraph  (g)  of  subdivision  (2)  of  section  3  Ed^'aJ^s'a 
of  chapter  32  of  the  General  Laws,  as  amended  by  chapter  etc, 'amended. 
728  of  the  acts  of  1950,  is  hereby  further  amended  by  in- 
serting after  the  word  "police",  in  line  4,  the  words:  — , 
permanent  watershed  guards  and  permanent  park  police. 

Approved  March  12,  1952. 

An  Act  further  regulating  the  time  of  meeting  of  Chap  158 

THE  BOARD  OF  STANDARDS  IN  THE  DEPARTMENT  OF  PUBLIC 
SAFETY. 

Be  it  enacted,  etc.,  as  follows: 

The  third  paragraph  of  section  3J  of  chapter  143  of  the  g.  l.  (Ter. 
General  Laws,  as  appearing  in  section  1  of  chapter  631  of  ft']',  etc.', 
the  acts  of  1947,  is  hereby  amended  by  striking  out,  in  amended. 
line  2,  the  word  "Monday"  and  inserting  in  place  thereof 
the  word :  —  Tuesday,  —  so  as  to  read  as  follows :  — 

The  board  of  standards  shall  hold  public  hearings  at  Bos-  Public 
ton  annually,  on  the  first  Tuesday  in  May  and  October,  and  at  •^®^"°^- 
such  other  times  and  places  as  it  may  determine,  on  petitions 
for  changes  in  such  regulations  formulated  by  it  under  this 
section.  If,  after  any  such  hearing,  it  shall  deem  it  advisable 
to  make  changes  in  said  regulations,  it  shall  appoint  a  day 
for  a  further  hearing,  and  shall  give  notice  thereof  and  of  the 
changes  proposed  by  advertising  in  at  least  one  newspaper  in 
each  of  the  cities  of  Boston,  Worcester,  Springfield,  Fall 
River,  Lowell  and  Lynn,  at  least  ten  days  before  said  hear- 
ing. If  the  board  on  its  own  initiative  contemplates  changes 
in  said  regulations,  Uke  notice  and  a  hearing  shall  be  given  and 
held  before  the  adoption  thereof.  Approved  March  12, 1952. 


94  Acts,  1952.  — Chap.  159. 


Chap. 159  An  Act  redefining  the  period  of  the  present  emer- 
gency IN  THE  SHORTAGE  OF  HOUSING  AND  THEREBY  EX- 
TENDING THE  EXISTENCE  OF  THE  EMERGENCY  HOUSING 
COMMISSION  AND  THE  BROADER  POWERS  OF  LOCAL  BOARDS 
OF  APPEAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  2  of  chapter  592  of  the  acts  of  1946, 
as  most  recently  amended  by  chapter  381  of  the  acts  of 
1951,  is  hereby  further  amended  by  striking  out,  in  lines  3 
and  4,  the  words  "for  a  period  of  six  years  from  the  effective 
date  of  this  act"  and  inserting  in  place  thereof  the  words:  — 
until  December  thirty-first,  nineteen  hundred  and  fifty- 
five,  —  so  as  to  read  as  follows :  —  Section  2.  During  the 
period  of  the  present  emergency,  which,  unless  changed  by 
the  general  court,  shall  be  deemed  to  extend  until  December 
thirty-first,  nineteen  hundred  and  fifty-five,  a  board  of 
appeals  of  a  city  or  town  referred  to  or  appointed  under 
section  thirty  of  chapter  forty  of  the  General  Laws  may 
grant  a  variance  with  respect  to  a  particular  parcel  of  land 
from  the  terms  of  an  ordinance  or  by-law  adopted  under 
section  twenty-five  of  said  chapter  forty  under  the  following 
circumstances  and  conditions:  (1)  That  the  application  re- 
lates to  the  construction  or  alteration  of  a  building  designed 
to  contain  when  the  work  thereon  is  completed  a  dweUing 
place  or  dwelHng  places.  (2)  That  if  the  variance  relates  to 
the  alteration  of  an  existing  building  so  that  it  may  accom- 
modate more  families,  the  cubical  content  of  the  building 
and  its  width,  length  and  height  shall  not  be  substantially  in- 
creased, and  its  exterior  shall  be  changed  as  little  as  possible. 
(3)  That  the  variance  may  be  granted  without  substantial 
detriment  to  the  public  good  and  without  substantially 
derogating  from  the  intent  and  purpose  of  such  ordinance 
or  by-law.  (4)  That  the  variance  be  granted  without  dis- 
crimination among  appUcants  and  as  far  as  possible  in 
accordance  with  the  principles  set  forth  in  the  fourth  para- 
graph of  section  twenty-five  of  said  chapter  forty. 

Section  2.  Section  3  of  said  chapter  592,  as  most  re- 
cently amended  by  section  2  of  chapter  567  of  the  acts  of 
1948,  is  hereby  further  amended  by  inserting  after  the  word 
"petition",  in  line  45,  the  words:  —  as  they  appear  on  the 
most  recent  local  tax  Ust,  —  so  that  the  sixth  sentence  will 
read  as  follows :  —  The  commission  shall  grant  relief  only 
after  a  hearing,  notice  of  which  shall  have  been  given  by 
mail,  postage  prepaid,  to  the  appellant  or  petitioner,  the 
board  of  appeals  and  the  owners  of  all  property  deemed  by 
the  commission  to  be  affected  by  such  appeal  or  petition  as 
they  appear  on  the  most  recent  local  tax  list,  and  by  pubU- 
cation  in  a  newspaper  of  general  circulation  in  such  city  or 
town.  Approved  March  12,  1952. 


Acts,  1952. —Chaps.  160,  161.  95 


An  Act  relative  to  the  amount  that  may  be  invested  C}iar>  160 

BY  A  SAVINGS  BANK  IN  BANKING  PREMISES  AND  IN  ALTER- 
ATIONS  IN  AND  ADDITIONS  TO  BANKING  PREMISES  OWNED 
OR  LEASED  BY  SUCH  A  BANK. 

Whereas,  The  deferred  operation  of  this  act  would  tend  p^ambie"^ 
to  defeat  its  purpose,  which  is  in  part  to  make  its  provisions 
relative  to  certain  investments  by  savings  banks  effective 
forthwith,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  54  of  chapter  168  of  the  General  Laws  is  hereby  o.  l.  (Ter. 
amended  by  striking  out  clause  Eleventh,  as  amended  by  f  54,'e\^c^' 
chapter  122  of  the  acts  of  1946,  and  inserting  in  place  thereof  amended, 
the  following  clause :  — 

Eleventh.  Subject  to  the  following  provisions  of  this  Certain  in- 
clause,  any  such  corporation  may  invest  in  the  purchase  of  b^8^^^n*(^ 
a  suitable  site  and  the  erection  or  preparation  of  a  suitable  r^'^jjl'tg^ 
building  for  the  convenient  transaction  of  its  business  and 
in  alterations  in  and  additions  to  a  bank  building  owned  by 
it  sums  not  exceeding,  in  the  aggregate,  its  guaranty  fund 
and  undivided  earnings,  or  five  per  cent  of  its  deposits,  or 
two  hundred  thousand  dollars,  whichever  is  the  lesser.  All 
such  investments,  except  an  investment  in  such  alterations 
or  additions  involving  an  expense  of  twenty  thousand  dollars 
or  less  made  in  any  period  of  twenty-four  consecutive  months, 
shall  be  made  subject  to  the  approval  of  the  commissioner. 
The  amount  hereinbefore  authorized  to  be  invested  by  such 
a  corporation  in  a  bank  building  and  alterations  therein  and 
additions  thereto  shall  from  time  to  time  be  increased  by  all 
sums  realized  by  it  from  any  sale  or  other  disposal  of  such 
a  building  or  any  part  thereof  and  by  sums  charged  off  by 
it  for  depreciation,  obsolescence  or  amortization,  to  the 
extent  approved  by  the  commissioner.  Any  such  corporation 
may,  with  the  approval  of  the  commissioner,  expend  sums 
not  exceeding,  in  the  aggregate,  one  fifth  of  one  per  cent 
of  its  deposits  or  seventy-five  thousand  dollars,  whichever 
is  the  lesser,  for  alterations  in,  or  additions  to,  any  premises 
leased  by  it  for  the  transaction  of  its  business;  provided, 
that  the  amount  so  authorized  to  be  expended  shall  from 
time  to  time  be  increased  by  sums  charged  off  by  it  for 
depreciation,  obsolescence  or  amortization,  to  the  extent 
approved  by  the  commissioner.    Approved  March  14,  1952, 

An  Act  pertaining  to  the  payment  of  extra  dividends  C hap. IQl 

BY  SAVINGS  BANKS  AND  ADDITIONS  TO  THE  GUARANTY 
FUND. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  is  in  part  to  enable  savings  banks  preamble, 
to  exercise  without  delay  the  authority  granted  thereby, 


96 


Acts,  1952. —  Chaps.  162,  163. 


G.  L.  (Ter. 
Ed.).  168, 
§  50,  etc., 
amended. 

Payment 
of  extra 
dividends  by 
savings  banks, 
authorized. 


therefore  it  is  hereby  declared  to  be  an  emergency  law,  neces- 
sary for  the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  50  of  chapter  168  of  the  General  Laws, 
as  most  recently  amended  by  section  19  of  chapter  334  of 
the  acts  of  1933,  is  hereby  further  amended  by  adding  at 
the  end  the  following  sentence :  —  Notwithstanding  the  pro- 
visions of  the  preceding  sentence,  if  the  guaranty  fund  and 
profit  and  loss  account  together  amount  to  at  least  eleven 
per  cent  of  the  whole  amount  of  deposits  after  an  ordinary 
dividend  has  been  declared,  thereupon  the  trustees  may 
declare  an  extra  dividend  at  the  semi-annual  rate  of  not  less 
than  one  eighth  nor  more  than  one  half  of  one  per  cent. 

Section  2.  Chapter  769  of  the  acts  of  1951  is  hereby 
amended  by  striking  out,  in  lines  7  and  8,  the  words  "during 
the  calendar  year  nineteen  hundred  and  fifty-two"  and  in- 
serting in  place  thereof  the  words:  — until  July  first,  nine- 
teen hundred  and  fifty-three,  —  so  as  to  read  as  follows :  — 
If,  at  the  time  provided  by  the  by-laws  for  making  ordinary 
dividends,  the  guaranty  fund  and  profit  and  loss  accounts 
together  amount  to  at  least  eleven  per  cent  of  the  whole 
amount  of  deposits  of  a  savings  bank,  the  additions  to  the 
guaranty  fund  required  by  section  forty-five  of  chapter  one 
hundred  and  sixty-eight  of  the  General  Laws  may  be  made 
by  transfers  from  the  profit  and  loss  account  until  July  first, 
nineteen  hundred  and  fifty-three. 

Approved  March  14,  1952. 


Chap. 162  An  Act  to  permit  credit  unions  to  sell  negotiable 

CHECKS. 


G.  L.  (Ter. 
Ed.),  171,  §  6, 
amended. 


Sale  of  certain 
negotiable 
checks  by 
credit  unions, 
authorized. 


Be  it  enacted,  etc.,  as  follows: 

Section  6  of  chapter  171  of  the  General  Laws,  as  appearing 
in  the  Tercentenary  Edition,  is  hereby  amended  by  adding 
at  the  end  the  following  paragraph :  — 

It  may  under  such  rules  and  regulations  as  may  be  issued 
by  the  commissioner,  sell  negotiable  checks  drawn  by  it  and 
payable  by  or  through  a  trust  company  or  a  national  banking 
association,  and  sell  register  checks,  travelers  checks  and 
American  Express  Company  money  orders,  and  may  cash 
any  check  or  money  order  whatsoever  and  may  make  charges 
for  any  of  the  foregoing,  subject  to  said  rules  and  regulations. 

Approved  March  14,  1952. 


Chap. 163  An   Act   further   regulating   real   estate   loans   by 

CREDIT  unions. 


G.  L.  (Ter. 
Ed.).  171, 
§  24,  etc., 
amended. 


Be  it  enacted,  etc.,  as  follows: 

Subdivision  (B)  of  section  24  of  chapter  171  of  the  General 
Laws  is  hereby  amended  by  striking  out  the  second  sentence, 
as  appearing  in  chapter  178  of  the  acts  of  1947,  and  inserting 


Acts,  1952. —  Chaps.  164,  165.  97 

in  place  thereof  the  following  sentence:  —  No  such  mortgage  Real  estate 
loan  upon  any  one  parcel  of  real  estate  shall  exceed  ten  credit ''u^nions, 
thousand  dollars,  and  the  total  liability  of  any  one  member  J^'"^^[  ^ 
as  borrower  upon  loans  so  secured  shall  not  exceed  five  per 
cent  of  the  assets  of  the  credit  union,  or  twenty  thousand 
dollars,  whichever  is  the  lesser.     Approved  March  14,  1952. 


An  Act  authorizing  the  city  of  Worcester  to  borrow  Qfidj)  ]^g4 

MONEY  FOR  SANITATION  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Worcester  may  from  time  to  time, 
borrow,  within  a  period  of  five  years  from  the  passage  of  this 
act,  such  sums  as  may  be  necessary,  not  exceeding,  in  the 
aggregate,  one  million  dollars  for  acquiring  a  site  by  purchase 
or  eminent  domain  and  establishing  and  constructing  there- 
on a  disposal  plant  or  incinerator  and  equipping  the  same, 
including  survey,  engineering  and  architectural  costs  and 
grading  and  landscaping  costs,  and  may  issue  bonds  or 
notes  therefor,  which  shall  bear  on  their  face  the  words 
Worcester  Incinerator  Loan,  Act  of  1952.  Each  authorized 
issue  shall  constitute  a  separate  loan  and  such  loans  shall  be 
paid  in  not  more  than  twenty  years  from  their  dates.  In- 
debtedness incurred  under  this  act  shall  be  in  excess  of  the 
amount  authorized  by  chapter  two  hundred  and  eleven  of 
the  Special  Acts  of  nineteen  hundred  and  sixteen,  as  amended 
by  chapter  one  hundred  and  thirty-eight  of  the  acts  of 
nineteen  hundred  and  twenty,  but  shall,  except  as  provided 
herein,  be  subject  to  chapter  forty-four  of  the  General  Laws, 
inclusive  of  the  limitations  contained  in  the  first  paragraph 
of  section  seven  thereof. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1952. 


An  Act  authorizing  the  county  of  Bristol  to  pay  a 
sum  of  money  to  alice  w.  dupuis  of  new  bedford. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  For  the  purpose  of  discharging  a  moral 
obligation,  the  county  of  Bristol  may  pay  to  Alice  W. 
Dupuis  of  New  Bedford  the  sum  of  fifty-one  dollars  to  com- 
pensate her  for  damages  sustained  by  her  on  August  fourth, 
nineteen  hundred  and  fifty-one  in  the  course  of  her  duties 
as  a  policewoman  in  committing  a  female  patient  to  the 
Taunton  state  hospital. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1952. 


Chap.lQ5 


98 


Acts,  1952. —  Chaps.  166,  167. 


Emergency 
preamble. 


Chap.lQQ  An  Act  authorizing  the  town  of  andover  to  pay   a 

SUM    OF   money   to   ALBERT   COLE,    JR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral  obli- 
gation, the  town  of  Andover  is  hereby  authorized  to  appropri- 
ate the  sum  of  two  hundred  and  seven  dollars  and  to  pay  the 
same  to  Albert  Cole,  Jr.,  deputy  chief  of  the  fire  department 
of  said  to\\Ti,  which  sum  of  money  is  due  him  under  the  pro- 
visions of  section  twenty-four  of  chapter  seven  hundred  and 
eight  of  the  acts  of  nineteen  hundred  and  forty-one,  as  most 
recently  amended  by  chapter  two  hundred  and  three  of  the 
acts  of  nineteen  hundred  and  forty-seven. 

Section  2,    This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1952. 

Chap. 167  An  Act  limiting  the  eligibility  of  members  of  reserve 

AND   intermittent   POLICE   FORCES   FOR   APPOINTMENT  TO 
REGULAR    POLICE    FORCES. 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  make  its  provisions  effective 
on  June  first  in  the  current  year,  therefore  it  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  inomediate 
preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  31  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  20A,  as  most  recently 
amended  by  chapter  39  of  the  acts  of  1941,  and  inserting  in 
place  thereof  the  following  section: — Section  20 A.  In 
each  city  and  towm  subject  to  section  twenty  in  which  there 
has  been  established  a  reserve  police  force,  appointments  to 
the  regular  force  shall  be  made  by  the  appointing  authority 
upon  certification  by  the  director  from  the  list  of  members 
of  the  reserve  police  force  in  accordance  with  the  rules  of  the 
commission,  except  that  the  basis  of  certification  shall  be 
the  order  of  appointment  to  the  reserve  force,  or,  if  not 
ascertainable,  the  order  of  the  respective  ratings  of  such 
members  obtained  in  the  examination  upon  which  the  list 
of  eligibles  for  appointment  to  such  reserve  force  was  based, 
and  no  request  of  a  member  of  the  reserve  police  force  that 
he  be  not  certified  in  any  instance  shall  be  granted  by  the 
director.  No  person  who  has  passed  his  fiftieth  birthday 
shall  be  appointed  from  such  a  reserve  force  to  such  a  regu- 
lar force  and  no  member  of  a  reserve  police  force  who,  after 
June  first,  nineteen  hundred  and  fifty-two,  having  been 
duly  certified,  three  times  refuses  appointment  to  the  regular 
force  shall  be  eligible  for  further  certification.  Notwith- 
standing the  provisions  of  sections  forty-three  and  forty-five 
or  any  other  law,  members  of  a  reserve  force  refusing  to 
accept  appointment  to  the  regular  force  on  the  occasion  of 
three  separate  certifications  after  said  June  first  shall  there- 
upon cease  to  be  a  member  of  the  reserve  police  force.    The 


G.  L.  (Ter. 
Ed.),  31. 
§  20A.  etc., 
amended. 

Appointment 
of  reserve 
officers  to 
regular  police 
forces, 
limited. 


Acts,  1952.  — Chap.  168.  99 

appointing  officer  shall  forward  to  the  director  a  notification 
of  the  termination  of  the  service  of  such  reserve  officer 
setting  forth  the  occasion  of  each  refusal  and  the  date  upon 
which  the  services  of  such  officer  ceased. 

Section  2.     Said  chapter  31  is  hereby  further  amended  Edo.'si!^'' 
by  striking  out  section  20C,  inserted  by  chapter  621  of  the  §206,  etc.. 
acts  of  1941,  and  inserting  in  place  thereof  the  following  ^™®°  ^ 
section :  —  Section  20C.      In   each    city   and   town   having  Appointment 
police  officers  subject  to  this  chapter  and  classified  as  inter-  poiice^officere 
mittent  police  officers,   appointments  to  the  regular  force  poHcrfw-ces. 
shall  be  made  by  the  appointing  authority  upon  certification  limited, 
by  the  director  from  the  list  of  members  of  the  police  force 
of  such  city  or  town  classified,  in  accordance  with  the  rules  of 
the  commission,  as  members  of  the  special  or  substitute 
police  force  of  such  city  or  town,  except  that  the  basis  of 
certification  shall  be  the  order  of  appointment  as  such  inter- 
mittent police  officers,  or,  if  not  ascertainable,  the  order  of 
the  respective  ratings  of  such  intermittent  police  officers 
obtained  in  the  examination  upon  which  the  list  of  eligibles 
for  appointment  as  such  officers  was  based,  and  no  request 
of  a  member  of  the  intermittent  police  force  that  he  be  not 
certified  in  any  instance  shall  be  granted  by  the  director. 
No  intermittent  police  officer  who  has  passed  his  fiftieth 
birthday  shall  be  appointed  under  this  section  to  the  regular 
police  force  of  such  city  or  town,  and  no  such  intermittent 
police  officer  who,  after  June  first,  nineteen  hundred  and 
fifty-two,  having  been  duly  certified,  three  times  refuses 
appointment  to  the  regular  force  shall  be  eligible  for  further 
certification.     Notwithstanding  the  provisions  of  sections, 
forty-three  and  forty-five  or  any  other  law,  members  of  an 
intermittent  force  refusing  to  accept  appointment  to  the 
regular  force  on  the  occasion  of  three  separate  certifications 
after  said  June  first  shall  thereupon  cease  to  be  a  member  of 
the  intermittent  police  force.     The  appointing  officer  shall 
forward  to  the  director  a  notification  of  termination  of  the 
service  of  such  intermittent  officer  setting  forth  the  occasion 
of  each  refusal  and  the  date  upon  which  the  services  of  such 
officer  ceased. 

Section  3.    This  act  shall  take  effect  on  June  first  in  the  Effective  date, 
current  year.  Approved  March  25,  1952. 

An  Act  relative  to  classes  of  shares  and  accounts  Qjidj)  j^gg 
IN  co-operative  banks. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^"^^^^iT^ 
to  defeat  its  purpose,  which  is  to  make  its  provisions  effec- 
tive forthwith,   therefore  it  is  hereby  declared  to  be   an 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 
Be  it  enacted,  etc.,  as  foUows: 

Section  1.     Section  1  of  chapter  170  of  the  General  Laws,  g.  l.  (Ter. 
as  appearing  in  section  1  of  chapter  371  of  the  acts  of  1950,  is  ^tl!  ameAJed. 
hereby  amended  by  striking  out  the  paragraph  defining 


100  Acts,  1952.  — Chap.  169. 

"Share  capital"  or  "share  liability"  and  inserting  in  place 
thereof  the  following  paragraph:  — 
'•Share capi-         "Share  capital"  or  "share  Hability",  the  total  sum  due 

tal     or     snare  .  '^  .  ti     i  i  /•  i 

liability",  at  any  given  tune  upon  all  shares  and  accounts  referred  to 
*  °®  ■  in   section   thirteen,   which   shares   and   accounts  shall   be 

deemed  to  be  deposits. 

Ed)''i7o'^§  1        Section  1A.     Said  section  1  of  said  chapter  170,  as  so 

etc!, 'amended',  appearing,  is  hereby  further  amended  by  striking  out  the 
paragraph  defining  "Shareholder"  or  "member"  and  in- 
serting in  place  thereof  the  following  paragraph:  — 

"Shareholder"       "Shareholder"  or  "member",  a  depositor  or  holder  of 

or     member    ,  ,  ,  ,     '     .  ^  .  ,  . 

defined.  any  sharcs  or  accounts  referred  to  m  section  thirteen. 

Ed  )'■  iTO*^!  7  Section  2.  Section  7  of  said  chapter  170,  as  so  appearing, 
etci.'ameAded'.  is  hereby  amended  by  striking  out  the  first  paragraph  and 
brieemed  inserting  in  place  thereof  the  following  paragraph :  —  Each 
members,  etc.     pcrsou  who  is  rccorded  on  the  books  of  the  corporation  as 

the  holder  of  one  or  more  shares  or  accounts  referred  to  in 

section  thirteen,  shall  be  deemed  a  member  and  shareholder 

of  and  depositor  in  the  corporation. 
Ed  )'■  iTo'^s  13       Section  3.     Section  13  of  said  chapter  170,  as  so  appear- 
etc", 'amended. '  iug,  is  hereby  amended  by  striking  out  the  first  sentence 

and  inserting  in  place  thereof  the  following  sentence:  — 
Capital.  The  capital  shall  be  unlimited  and  shall  be  accumulated  by 

deposits  on  shares  and  other  accounts  permitted  by  law. 

Approved  March  25,  1952. 


Chap. 169  An  Act  providing  for  tenure  of  office  for  the  in- 
cumbent OF  THE  OFFICE  OF  CHIEF  OF  POLICE  OF  THE 
TOWN  OF  AMESBURY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  provision  of  law  to 
the  contrary,  the  tenure  of  office  of  Daniel  Flynn,  the  present 
incumbent  of  the  office  of  chief  of  police  of  the  towm  of 
Amesbury,  shall  be  unlimited,  subject,  however,  to  the 
civil  service  laws  and  rules,  and  subject,  further,  to  said 
incumbent  passing  a  qualifying  examination  to  which  he 
shall  be  subjected  by  the  division  of  civil  service. 

Section  2.  Anything  contained  herein  and  in  the  General 
Laws  to  the  contrary  notwithstanding,  the  said  present 
incumbent  of  the  office  of  chief  of  police  of  the  town  of 
Amesbury  shall  continue  in  office  until  the  annual  town 
meeting  to  be  held  in  the  year  nineteen  hundred  and  fifty- 
three,  unless  removed  sooner  as  provided  by  the  civil  service 
law^s  and  rules. 

Section  3.  This  act  shall  be  submitted  to  the  voters  of 
said  town  at  the  annual  town  meeting  in  the  year  nineteen 
hundred  and  fifty-three  in  the  form  of  the  following  question, 
which  shall  be  placed  upon  the  official  ballot  to  be  used  for 
the  election  of  town  officers  at  said  meeting:  "Shall  an  act 
passed  by  the  General  Court  in  the  year  nineteen  hundred 
and  fifty-two  entitled  'An  Act  providing  for  tenure  of  office 


Acts,  1952.  — Chaps.  170,  171,  172.  101 

for  the  incumbent  of  the  office  of  chief  of  pohce  of  the  town 
of  Amesbury',  be  accepted?"  If  a  majority  of  the  votes 
cast  in  answer  to  said  question  is  in  the  affirmative,  this 
act  shall  take  full  effect,  but  not  otherwise. 

Approved  March  25,  1952. 

An  Act  relative  to  john  greenleaf  whittier  highway.  Chap. 170 

Be  it  enacted,  etc.,  as  follows: 

Chapter  470  of  the  acts  of  1950  is  hereby  amended  by 
striking  out,  in  lines  2  and  3,  the  words  "and  Amesbury" 
and  inserting  in  place  thereof  the  words:  —  ,  Amesbury  and 
Salisbury,  —  so  as  to  read  as  follows :  —  The  state  highway 
from  Newton  road  in  the  city  of  Haverhill  and  continuing 
through  the  towns  of  Merrimac,  Amesbury  and  Salisbury 
to  the  New  Hampshire  state  line  shall  be  Icnown  and  desig- 
nated as  the  John  Greenleaf  Whittier  Highway,  and  suitable 
markers  bearing  said  designation  shall  be  erected  along  said 
highway  by  the  state  department  of  public  works. 

Approved  March  25,  1952. 

An  Act   further  regulating  the  hunting   of  hares  Chap. 171 

AND  RABBITS. 

Be  it  enacted,  etc.,  as  follows: 

Section  65  of  chapter  131  of  the  General  Laws,  as  appear-  g.l.  (Ter. 
ing  in  section  2  of  chapter  599  of  the  acts  of  1941,  is  hereby  fes.'eu-l' 
amended  by  adding  at  the  end  the  following  sentence :  —  amended. 
Notwithstanding  the  foregoing  no  person  shall  hunt  or  have  Hunting  of 
in  possession  while  hunting  the  carcass  of  a  hare  or  rabbit  faTed/*'^^ 
at  any  time  during  the  open  season  for  the  hunting  of  deer 
estabhshed  under  the  provisions  of  section  eighty. 

Approved  March  25,  1952. 

An  Act  further  restricting  the  use  of  ways  in  case  Chap. 172 

OF   fire. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  89  of  the  General  Laws  is  hereby  amended  by  ^j^-^J®""- 
striking  out  section  7A,  as  appearing  in  the  Tercentenary  §  7a,  amended. 
Edition,   and  inserting  in  place  thereof  the  following:  — 
Section  7 A.    Upon  the  approach  of  any  fire  apparatus  which  Use  of  ways 
is  going  to  a  fire  or  responding  to  an  alarm,  every  person  restrfc*te°d.  '^' 
driving  a  vehicle  on  a  way  shall  immediately  drive  said 
vehicle  as  far  as  possible  toward  the  right-hand  curb  or 
side  of  said  way  and  shall  keep  the  same  at  a  standstill  until 
such  fire  apparatus  has  passed.     No  person  shall  drive  a 
vehicle  over  a  hose  of  a  fire  department  without  the  consent 
of  a  member  of  such  department.     No  person  shall  drive 
a  vehicle  within  three  hundred  feet  of  any  fire  apparatus 
going  to  a  fire  or  responding  to  an  alarm,  nor  drive  said 
vehicle,  or  park  or  leave  the  same  unattended,  within  eight 


102 


Acts,  1952.  —  Chaps.  173,  174. 


Penalty. 


hundred  feet  of  a  fire  or  within  the  fire  Unes  established  by 
the  fire  department,  or  upon  or  beside  any  traveled  way, 
whether  public  or  private,  leading  to  the  scene  of  a  fire,  in 
such  a  manner  as  to  obstruct  the  approach  to  the  fire  of 
any  fire  apparatus  or  any  ambulance,  safety  or  police  vehicle, 
or  of  any  vehicle  bearing  an  official  fire  or  police  department 
designation.  Violation  of  any  provision  of  this  section  shall 
be  punished  by  a  fine  of  not  more  than  one  hundred  dollars. 

Approved  March  25,  1952. 


Chap. 11^  An  Act  establishing  the  fee  for  the  registration 
OF  motor  trucks  carrying  permanently  mounted 
water  well  drilling  equipment. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  33  of  chapter  90  of  the  General  Laws 
is  hereby  amended  by  inserting  after  the  paragraph  num- 
bered (6),  as  appearing  in  section  1  of  chapter  699  of  the 
acts  of  1951,  the  following  paragraph:  — 

(7)  For  the  registration  of  every  motor  truck  carrying  a 
permanently  mounted  water  well  drilling  machine,  twelve 
dollars. 

Section  2.  This  act  shall  take  efifect  on  January  first, 
nineteen  hundred  and  fifty-three. 

Approved  March  25,  1952. 


G.  L.  (Ter. 
Ed.),  90, 
§  33,  etc., 
amended. 


Fee. 


Effective 
date. 


Chap 


G.  L.  (Ter. 
Ed.).  201, 
§  48A,  etc  , 
amended. 


Provision 
for  burial 
expenses  of 
wards. 


G.  L.  (Ter. 
Ed.),  201, 
§  48A,  etc.. 


.174  An  Act  increasing  the  amount  which  a  conservator 
OR  guardian  may  deposit  in  the  name  of  the  judge 

OF  probate   FOR  PAYMENT  OF  OR  TOWARDS  THE  FUNERAL 
expenses    OF   HIS   WARD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  48A  of  chapter  201  of  the  General 
Laws,  as  most  recently  amended  by  section  1  of  chapter  66 
of  the  acts  of  1950,  is  hereby  further  amended  by  striking 
out,  in  lines  9  and  13,  the  words  "one  hundred  and  fifty" 
and  inserting  in  place  thereof,  in  each  instance,  the  words :  — 
five  hundred,  —  so  that  the  first  sentence  will  read  as  follows : 
—  Upon  application  therefor  by  a  conservator  or  by  a  guard- 
ian of  an  insane  person  or  a  spendthrift,  whose  ward  is  a 
resident  of  the  commonwealth,  the  probate  court,  after  such 
notice  as  it  deems  necessary,  and  a  hearing,  may  authorize 
such  conservator  or  guardian  to  deposit  for  the  purpose 
hereinafter  stated,  in  a  savings  bank,  or  in  the  savings  de- 
partment of  a  trust  company,  within  the  commonwealth,  a 
sum  not  exceeding  five  hundred  dollars,  or  may  authorize 
said  conservator  or  guardian  to  purchase  a  share  account  of 
a  federal  savings  and  loan  association  or  a  savings  and  loan 
association  located  within  the  commonwealth,  in  a  sum  not 
exceeding  five  hundred  dollars,  to  be  expended  solely  for, 
or  towards  the  expense  of,  the  burial  of  his  ward. 

Section  2.    Said  section  48A  of  said  chapter  201  is  hereby 


Acts,  1952. —Chaps.  175,  176.  103 

further  amended  by  adding  at  the  end  the  following  sentence:  further 
—  The  provisions  of  chapter  two  hundred  A  shall  not  be  ^"^n^'ation 
applicable  to  funds  deposited  under  this  section. 

Approved  March  26,  1952. 


An  Act  further  regulating  the  issuance  of  licenses  Qjid'r)  175 
of    engineers,    firemen    or    operators    of    hoisting 
machinery. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  146  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section  67,  as  most  recently  amended  by  chap-  fe'y.'ittf,' 
ter  393  of  the  acts  of  1951,  and  inserting  in  place  thereof  amended, 
the  following  section :  —  Section  67.     A  license  shall  con-  issuance  of 
tinue  in  force  for  two  years  from  the  date  of  issue  unless  en^"neers!  etc., 
suspended  or  revoked  for  incompetence  or  untrust worthiness  regu'ated. 
of  the  licensee,  except  that  a  special  license  shall  not  continue 
in  force  after  the  holder  thereof  ceases  to  be  employed  in  the 
plant  specified  in  the  license.    The  fee  for  the  renewal  of  a 
license  shall  be  four  dollars.     Licenses  not  renewed  at  ex- 
piration date  shall  become  void,  and  shall  after  one  year  be 
reinstated  only  by  re-examination  of  the  licensee.    A  notice 
of  the  date  of  expiration  of  a  license  shall,  at  least  thirty  days 
prior  to  such  date,  be  sent  to  the  licensee.    The  inspector  of 
the  division  for  the  town  where  a  licensee  resides  may  issue 
a  renewal  license.     A  person  whose  license  is  suspended  or 
revoked  shall  surrender  his  license  to  the  chief  or  an  inspector 
of  the  division.    If  a  new  license  of  a  different  grade  is  issued, 
the  old  license  shall  be  destroyed  by  the  examiner. 

Approved  March  25,  1952. 


An  Act  relative  to  the  appointment  of  a  person  to  the  Chav. 17 6 

ADVISORY  committee  ON  HOSPITALS  UPON  RECOMMENDA- 
TION OF  THE  MASSACHUSETTS  FEDERATION  OF  NURSING 
HOMES. 

Be  it  enacted,  etc.,  as  follows: 

Section  72 A  of  chapter  1 1 1  of  the  General  Laws,  inserted  §d  \'  n  r 
by  section  1  of  chapter  618  of  the  acts  of  1948,  is  hereby  §  72a,  etc., 
amended  by  adding  at  the  end  of  the  first  sentence  the  ^'"'''"^^^• 
words :  —  and  one  of  such  positions  shall  at  all  times  be 
filled  by  a  person  appointed  upon  the  recommendation  of 
the  Massachusetts  Federation  of  Nursing  Homes,  —  so  as 
to  read  as  follows:  —  Section  72 A.     The  department  shall  ofTdv^^y"* 
appoint   an   advisory   committee   on   hospitals,    sanatoria,  committee  on 
convalescent  and  nursing  homes  and  boarding  homes  for  re^lSated.^^""' 
the  aged  to  consist  of  representatives  of  the  medical  and 
nursing  professions,   hospital   administrators  and   hospital 
trustees,  who  shall  serve  at  the  pleasure  of  the  department, 
and  two  of  such  positions  shall  at  all  times  be  filled  by 
persons  appointed  upon  the  recommendation  of  the  Massa- 


104  Acts,  1952. —  Chaps.  177,  178. 

chusetts  Hospital  Association,  and  one  of  such  positions 
shall  at  all  times  be  filled  by  a  person  appointed  upon  the 
recommendation  of  the  Massachusetts  Federation  of  Nursing 
Homes.  Said  advisory  committee  shall  also  consist  of  ex- 
officio  members  composed  of  the  commissioner  of  public 
welfare,  the  commissioner  of  mental  health  and  the  director 
of  the  Massachusetts  public  building  commission.  Said 
committee  shall  advise  the  department  in  any  matter  per- 
taining to  sections  seventy-two,  seventy-two  A  and  seventy- 
three.  Members  of  said  committee  shall  serve  without  com- 
pensation, but  shall  receive  the  necessary  traveling  expenses 
incurred  by  them  in  the  performance  of  their  duties.  Said 
committees  shall  meet  not  less  than  twice  a  year,  and  other 
meetings  may  be  called  by  the  department  on  proper  notice. 

Approved  March  25,  1952. 

Chap. \77  An  Act  authorizing  the  city  of  lowell  to  sell  certain 

LAND. 

Be  it  enacted,  etc.,  as  follouis: 

Section  1.  Any  general  or  special  law  to  the  contrary, 
the  city  of  Lowell,  acting  through  its  city  council,  with  the 
approval  of  its  city  manager,  is  hereby  authorized  and  em- 
powered to  sell,  transfer  and  convej''  to  a  private  individual 
or  individuals,  or  to  a  private  corporation,  or  at  public 
auction,  for  such  consideration  as  to  the  said  city  council 
and  city  manager  seems  advisable,  certain  parcels  of  land 
in  said  city  of  Lowell  known  as  Lots  89,  91,  92  and  92 A  on 
a  plan  of  land  recorded  in  the  Registry  of  Deeds  for  the 
Northern  District  of  Middlesex  County,  Plan  Book  62, 
Plan  76,  conveyed  to  the  said  city  of  Lowell  by  the  Lowell 
Land  Company  by  deed  dated  December  29,  1939  and 
recorded  in  said  Registry  in  Book  940,  page  14,  free  of  all 
conditions  contained  in  said  deed. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
by  vote  of  the  city  council  of  the  city  of  Lowell,  but  not 
otherwise.  Approved  March  25,  1952. 

Chap. 17S  An   Act   restoring   the   civil   service   eligibility   of 

FRANK  H.  HARRINGTON  AS  FOOD  INSPECTOR  IN  THE  DIVISION 
OF  LAW  ENFORCEMENT  OF  THE  DEPARTMENT  OF  CON- 
SERVATION. 

Be  it  enacted,  etc.,  as  follows: 

Frank  H.  Harrington,  who  was  number  one  on  the  eligible 
list  for  food  inspector  in  the  division  of  law  enforcement 
of  the  department  of  conservation,  when  it  expired  on 
October  tenth,  nineteen  hundred  and  fifty-one,  shall,  on 
request  of  the  commissioner  of  conservation  made  within 
six  months  from  the  effective  date  of  this  act,  be  certified  for 
said  position  as  though  the  list  were  still  in  existence. 

Approved  March  25,  1952. 


Acts,  1952. —  Chaps.  179,  180,  181.  105 


An  Act  increasing  the  charge  for  mailing  copies  of  Qfidj^  179 

THE  bulletins  OF  COMMITTEE  HEARINGS  OF  THE  GENERAL  ^' 

COURT. 

Be  it  enacted,  etc.,  as  follows: 

Section  12  of  chapter  5  of  the  General  Laws,  as  amended  Ed^^^5'"i2 
by  chapter  1  of  the  acts  of  1948,  is  hereby  further  amended  etc!, 'amended. 
by  striking  out,  in  Une  8,  the  word  "three"  and  inserting  in 
place  thereof  the  word :  —  ten,  —  so  as  to  read  as  follows :  — 
Section  12.     The  committees  on  rules  of  the  two  branches,  Bulletins  of 
acting  concurrently,  shall  publish  during  each  regular  ses-  he^i^gs^of 
sion  of  the  general  court  bulletins  of  committee  hearings,  and  general  court. 
shall  appoint  the  editor  thereof  and  fix  his  compensation. 
The  chairman  of  either  of  said  committees  shall  approve 
bills  for  editing  and  printing  said  bulletins  before  they  are 
sent  to  the  comptroller  for  allowance.     On  receipt  of  ten 
dollars  from  each  applicant  therefor  the  sergeant-at-arms 
shall  mail  to  him  copies  of  these  bulletins. 

Approved  March  25,  1952. 


Chap. 180 


Chap.181 


An  Act  authorizing  the  city  of  brockton  to  pay  an 
annuity  to  the  widow  of  george  e.  wilber. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  promoting  the  public 
good,  the  city  of  Brockton  is  hereby  authorized  to  appropriate 
and  pay  to  the  widow  of  George  E.  Wilber,  former  member 
of  the  poHce  department  of  said  city,  an  annuity  of  one 
thousand  dollars  as  long  as  she  remains  unmarried. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
by  the  mayor  and  the  city  council  of  the  city  of  Brockton. 

Approved  March  25,  1952. 

An   ACT   RELATIVE   TO    EXAMINATIONS    BY   A    MEDICAL   PANEL 
IN  CASES  OF  ORDINARY  DISABILITY  RETIREMENT. 

Be  it  enacted,  etc.,  as  follows: 

Subdivision  (3)  of  section  6  of  chapter  32  of  the  General  g  l.  (Xer. 
Laws  is  hereby  amended  by  striking  out  paragraph  (c),  as  eteil'amended. 
appearing  in  section  1  of  chapter  658  of  the  acts  of  1945,  and 
inserting  in  place  thereof  the  following  paragraph :  — 

(c)  The  physicians  composing  any  medical  panel  shall  Examinations 
conduct  their  examination  of  the  member  as  a  panel  and  pLTis.  "''^ 
may  obtain  X-ray  plates  if  in  their  judgment  such  action  regulated. 
is  necessary  to  determine  the  cause,  nature  and  degree  of 
disabihty  of  such  member.    They  shall  report  their  findings 
and  recommendations  to  the  board  as  soon  as  practicable 
after   completing  the   examination   of  such  member,   and 
shall  attach  to  their  findings  a  certificate  that  the  examina- 
tion was  conducted  by  all  the  members  of  the  medical  panel 
at  the  same  time  and  in  the  presence  of  each  other  and  that 
the  findings  were  arrived  at  independently  of  each  other. 


106  Acts,  1952.  — Chaps.  182,  183,  184. 

All  fees  of  physicians  for  service  on  any  medical  panel  and 
all  expenses  of  obtaining  X-ray  plates  in  connection  with 
any  such  examination  shall,  upon  approval  by  the  board,  be 
paid  from  the  expense  fund  of  the  system;  provided,  that 
no  such  fees  shall  be  paid  unless  the  certificate  provided 
herein  has  been  filed.  Approved  March  25,  1952. 

Chap.182  An  Act  providing  that  permits  for  the  taking  of  shell- 
fish IN  THE  CITY  OF  NEW  BEDFORD  FOR  COMMERCIAL 
PURPOSES  MAY  BE  ISSUED  TO  ALIENS. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'  iJo^"^"  Section  55  of  chapter  130  of  the  General  Laws,  as  amended 

§  5o.'  etc.."  by  chapter  281  of  the  acts  of  1951,  is  hereby  further  amended 
amended.  ^^  striking  out,  in  hne  3,  the  words  "for  the  taking  of  qua- 
riiensfor"  haugs",  —  SO  as  to  read  as  follows:  —  Section  55.  No 
taking  of  permit  for  the  taking  of  shellfish  for  commercial  purposes, 

SS'  except  in  the  city  of  New  Bedford,  shall  be  issued  by  the 

aldermen  or  councilmen  of  any  city  or  the  selectmen  of  any 
town  to  an  aUen  unless  he  has  resided  in  such  city  or  town 
for  at  least  five  years  next  preceding  the  date  of  his  applica- 
tion therefor,  or  has  been  a  resident  of  the  county  in  which 
such  city  or  town  Ues  for  at  least  five  years  next  preceding 
the  date  of  such  application  and  has  taken  shellfish  com- 
mercially therefrom  for  such  period. 

Approved  March  25,  1952. 

Chap. 183  An  Act  authorizing  the  city  of  boston  to  use  a  portion 
OF  boston  common  for  the  purpose  of  widening 
beacon  street  in  said  city. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  widening  Beacon  street 
in  the  city  of  Boston,  from  Charles  street  to  Park  street, 
said  city  is  hereby  authorized  to  use  such  part  or  parts  of 
that  portion  of  Boston  Common  lying  between  the  southerly 
curb  fine  of  said  Beacon  street  and  a  hne  parallel  thereto  and 
six  feet  southerly  therefrom  as  the  board  of  park  commis- 
sioners of  said  city,  with  the  approval  of  the  mayor,  may 
set  aside. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  city  council  of  the  city  of  Boston, 
subject  to  the  provisions  of  its  charter,  but  not  otherwise. 

Approved  March  25,  1952. 

Chap. ISA  An  Act  providing  for  the  printing  or  typing  of  the 
names  of  persons  whose  signatures  appear  on  certain 
instruments  filed  in  the  probate  court. 

Be  it  enacted,  etc.,  as  follows: 
G-jL.(Ter.  SECTION  1.     Chapter  222  of  the  General  Laws  is  hereby 

new  '§  8a'.  amended  by  inserting  after  section  8  the  following  section :  — 
iSn  of        Section  8 A.     A  justice  of  the  peace,  notary  pubhc  or  other 


Acts,  1952, —  Chap.  185.  107 

person  duly  authorized,  when  taking  an  acknowledgment  or  pames  on 
administering  an  oath  with  relation  to  an  instrument  filed  in  Sed  T^"*^ 
a  proceeding  in  the  probate  court  shall  print  or  type  his  probate  court. 
name   directly   below  his   signature   thereon.     Failure   to 
comply  with  this  section  shall  not  affect  the  validity  of  any 
instrument  or  the  record  thereof. 

Section  2.    Section  42  of  chapter  215  of  the  General  Ed)'' 215"^' 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  §  42.'  amended. 
amended  by  adding  at  the  end  the  following  sentence: —  same  subject. 
Any  person  entering  an  appearance  as  herein  provided,  or  in 
his  own  behalf,  shall  print  or  type  his  name  directly  below 
his  signature  thereon,  but  failure  to  do  so  shall  not  affect 
the  validity  thereof. 

Section  3.     Chapter  217  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  15  the  following  section: —  ne^w'§^i5A. 
Section  15 A.     The  register  or  assistant  register  may  print  or  ^^<^^<^- 
type  the  name  of  any  person  whose  signature  appears  on  any  pro*bat"may 
instrument  filed  in  the  registry  of  probate  and  is  not  clearly  p""*  °^  *yp« 
legible,  such  name  to  be  printed  or  t3rped  directly  below 
such  signature. 

Section  4.    This  act  shall  take  effect  on  October  first,  Effective  date. 
nineteen  hundred  and  fifty-three. 

Approved  March  25,  1952. 


An   Act  to   make   contributory  retirement   pensions  ni^f.^^  ice 

AVAILABLE  TO  EMPLOYEES  OF  PUBLIC  MUSEUMS.  U  Ala/?.  ISO 

Be  it  enacted,  etc.,  as  follows: 

The   paragraph   defining   "Employee"   in   section    1    of  g.  l.  (Ter. 
chapter  32  of  the  General  Laws,  as  most  recently  amended  ^tl! 'amended. 
by  section  1  of  chapter  543  of  the  acts  of  1951,  is  hereby 
further  amended  by  inserting  after  the  word  "library",  in 
line  8,  the  worls:  —  or  any  public  museum,  —  so  that  the 
first  sentence  will  read  as  follows:  —  "Employee",  as  appHed  ^tbeTO^en^t"^"^^ 
to  persons  whose  regular  compensation,  except  in  the  case  of  pensions  made 
any  register  of  probate,  is  paid  by  any  political  subdivision  employes*  of 
of  the  commonwealth,  except  the  metropolitan  district  com-  ^^^^^ 
mission,  shall  mean  any  person  who  is  regularly  employed  in 
the  service  of  any  such  political  subdivision,  including  mem- 
bers of  the  police  and  fire  departments,  teachers  and  em- 
ployees of  any  free  public  library  or  any  public  museum 
maintained  in  any  city  or  town,  to  the  support  of  which  said 
city  or  town  contributes  not  less  than  one  half  of  the  cost, 
employees  of  a  school  lunch  program  as  authorized  under 
the  provisions  of  chapter  five  hundred  and  forty-eight  of 
the  acts  of  nineteen  hundred  and  forty-eight,  and  also  in- 
cluding officials  and  pubUc  officers  so  paid  whether  employed, 
appointed  or  elected  by  popular  vote  for  stated  terms  or 
otherwise,  except  members  of  the  judiciary. 

Approved  March  25,  1952. 


museums. 


108 


Acts,  1952.  — Chaps.  186,  187,  188. 


G.  L.  (Ter. 
Ed.),  168, 
§  54,  etc., 
amended. 


Money 
deposits  by 
savings  banks 
in  certain 
New  York 
banks,  au- 
thorized. 


Chap. 18Q  An  Act  authorizing  savings  banks  to  deposit  money 

IN  CERTAIN  BANKS  AND  TRUST  COMPANIES  DOING  BUSINESS 
IN  THE  CITY  OF  NEW  YORK. 

Be  it  enacted,  etc.,  as  follows: 

Clause  Seventh  of  section  54  of  chapter  168  of  the  General 
Laws,  as  most  recently  amended  by  chapter  367  of  the  acts 
of  1950,  is  hereby  further  amended  by  striking  out  the  last 
paragraph  and  inserting  in  place  thereof  the  following 
paragraph :  — 

A  savings  bank  may  deposit  not  more  than  five  per  cent 
of  its  deposits  in  any  national  banking  association  doing 
business  within  this  commonwealth,  or  in  any  trust  company 
incorporated  under  the  laws  of  and  doing  business  within 
this  commonwealth,  or  not  more  than  one  quarter  of  one 
per  cent  of  its  deposits  in  any  national  banking  association 
doing  business  in  the  city  of  New  York,  in  the  state  of  New 
York,  and  in  any  trust  company  incorporated  under  the 
laws  of  the  state  of  New  York  and  doing  business  within  the 
city  of  New  York  when  the  deposits  in  such  institutions  are 
insured  by  the  Federal  Deposit  Insurance  Corporation,  or 
in  the  Federal  Home  Loan  Bank  of  Boston,  if  it  is  a  member 
thereof,  or  in  any  banking  company  incorporated  under 
the  laws  of  and  doing  business  within  this  commonwealth 
and  qualified  to  receive  demand  deposits  under  the  provisions 
of  section  six  A  of  chapter  one  hundred  and  seventy-two  A; 
but  such  deposits  shall  not  exceed  twenty-five  per  cent  of 
the  capital  stock  and  surplus  fund  of  such  association,  trust 
company,  home  loan  bank  or  banking  company. 

Approved  March  25,  1952. 


Chap. 187  An  Act  relative  to  the  renewal  of  licenses  and  permits 

IN  the  city  of  north  ADAMS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  city  council  of  the  city  of  North  Adams 
may  delegate  to  the  city  clerk  of  said  city,  subject  to  such 
restrictions  as  it  may  impose,  the  powers  vested  by  law  in 
said  council  to  renew  hcenses  and  permits. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  27,  1952. 


Chap.lSS 

Emergency 
preamble. 


An  Act  reviving  kean-bedell  inc. 

Whereas,  The  deferred  operation  of  this  act  would  delay 
the  corporation  revived  thereby  in  resuming  the  exercise  of 
its  former  corporate  powers,  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  public  convenience. 
Be  it  enacted,  etc.,  as  follows: 

Kean-Bedell  Inc.,  a  corporation  dissolved  on  October 
thirteenth,  nineteen  hundred  and  forty-three  by  the  supreme 
judicial  court  for  Suffolk  county,  is  hereby  revived  and  con- 


Acts,  1952. —  Chaps.  189,  190.  109 

tinued  for  a  period  of  one  year  from  the  effective  date  of  this 
act  for  the  sole  purpose  of  selhng  and  conveying  title  to 
certain  real  property  situated  in  the  city  of  Woburn,  and  of 
distributing  the  proceeds  of  such  sale  among  those  entitled 
thereto.  Approved  March  27,  1952. 


An  Act  exempting  the  town  of  gosnold  from  assessment  QfiQj)  139 

OF  CERTAIN  COUNTY  TAXES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  apportioning  the  taxes  upon  the  several 
towns  in  the  county  of  Dukes  county  the  town  of  Gosnold 
shall  not  be  assessed  for  any  part  of  the  appropriations  for 
highways,  bridges  and  land  damages  and  for  the  maintenance 
and  operation  of  the  airport  for  the  year  nineteen  hundred 
and  fifty-two. 

Section  2.  This  act  shall  take  effect  as  of  January  first 
in  the  current  year.  Approved  March  27,  1952. 


An  Act  relative  to  the  filling  of  vacancies  in  the 
city  council  and  school  committee  of  the  city  of 

BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  452  of  the  acts  of  1948  is  hereby 
amended  by  striking  out  section  15,  as  appearing  in  section  1 
of  chapter  376  of  the  acts  of  1951,  and  inserting  in  place 
thereof  the  following  section:  —  Section  15.  If  at  any  time 
a  vacancy  occurs  in  the  city  council  from  any  cause,  the  city 
clerk  shall  forthwith  notify  the  city  council  thereof;  and 
within  fifteen  days  after  such  notification,  the  remaining  city 
councillors  shall  choose,  as  city  councillor  for  the  unexpired 
term,  whichever  of  the  defeated  candidates  for  the  office  of 
city  councillor  at  the  regular  municipal  election  at  which  city 
councillors  were  elected  for  the  term  in  which  the  vacancy 
occurs,  who  are  eligible  and  willing  to  serve,  received  the 
highest  number  of  votes  at  such  election,  or,  if  there  is  no 
such  defeated  candidate  eUgible  and  willing  to  serve,  a  regis- 
tered voter  of  the  city  duly  qualified  to  vote  for  a  candidate 
for  the  office  of  city  councillor.  If  at  a  regular  municipal  elec- 
tion there  is  a  failure  to  elect  a  city  councillor  or  if  a  person 
elected  city  councillor  at  such  an  election  resigns  or  dies  be- 
fore taking  office,  the  city  clerk  shall,  as  soon  as  conveniently 
may  be  after  the  remaining  city  councillors-elect  take  office, 
notify  the  city  council  of  such  failure  to  elect,  resignation  or 
death;  and  within  fifteen  days  after  such  notification,  the 
members  thereof  shall  choose,  as  city  councillor  for  the  un- 
expired term,  whichever  of  the  defeated  candidates  for  the 
office  of  city  councillor  at  such  election,  who  are  eligible  and 
willing  to  serve,  received  the  highest  number  of  votes  at  such 
election,  or,  if  there  is  no  such  defeated  candidate  eligible  and 


Chap.190 


no  Acts,  1952.  — Chap.  191. 

willing  to  serve,  a  registered  voter  of  the  city  duly  qualified 
to  vote  for  a  candidate  for  the  office  of  city  councillor.  If  in 
any  of  the  aforesaid  events  a  choice  is  not  made  as  herein- 
before provided  within  fifteen  days  after  the  notification  of 
the  city  council  by  the  city  clerk,  the  choice  shall  be  made  by 
the  mayor,  or,  if  there  is  no  mayor,  by  the  city  councillor 
senior  in  length  of  service,  or,  if  there  be  more  than  one  such, 
by  the  city  councillor  senior  both  in  age  and  length  of  service. 
For  the  purposes  of  section  seventeen  D,  votes  of  the  city 
council  under  this  section  shall  be  deemed  to  be  votes  elect- 
ing officials. 

Section  2.  Said  chapter  452  is  hereby  further  amended 
by  striking  out  section  19,  as  so  appearing,  and  inserting  in 
place  thereof  the  following  section:  —  Section  19.  If  at  any 
time  a  vacancy  occurs  in  the  school  committee  from  any 
cause,  the  mayor,  the  president  of  the  city  council  and  the 
remaining  school  committeemen,  meeting  in  joint  conven- 
tion, shall,  within  fifteen  days  after  the  vacancy  arises,  choose, 
as  school  committeeman  for  the  unexpired  term,  whichever 
of  the  defeated  candidates  for  the  office  of  school  committee- 
man at  the  regular  municipal  election  at  which  school  com- 
mitteemen were  elected  for  the  term  in  which  the  vacancy 
occurs,  who  are  ehgible  and  willing  to  serve,  received  the 
highest  number  of  votes  at  such  election,  or,  if  there  is  no 
such  defeated  candidate  eligible  and  wilUng  to  serve,  a  regis- 
tered voter  of  the  city  duly  quaUfied  to  vote  for  a  candidate 
for  the  office  of  school  committeeman.  If  at  a  regular  mu- 
nicipal election  there  is  a  failure  to  elect  a  school  committee- 
man or  if  a  person  elected  school  committeeman  at  such  an 
election  resigns  or  dies  before  taking  office,  within  fifteen 
days  after  the  remaining  school  committeemen-elect  take 
office,  such  school  committeemen  and  the  then  mayor  and 
the  then  president  of  the  city  council  shall  meet  in  joint 
convention  and  choose,  as  school  committeeman  for  the  un- 
expired term,  whichever  of  the  defeated  candidates  for  the 
office  of  school  committeeman  at  such  election,  who  are 
eligible  and  wilUng  to  serve,  received  the  highest  number  of 
votes  at  such  election,  or,  if  there  is  no  such  defeated  candi- 
date eUgible  and  wiUing  to  serve,  a  registered  voter  of  the 
city  duly  qualified  to  vote  for  a  candidate  for  the  office  of 
school  committeeman. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  March  27,  1952. 

Chap.191  An  Act  confirming  and  validating  the  acceptance  by 

THE  TOWN  OF  BRAINTREE  OF  CERTAIN  PROVISIONS  OF  LAW 
RELATIVE  TO  THE  RETIREMENT  OF  CERTAIN  WAR  VETERANS 
IN  THE  PUBLIC  SERVICE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  action  of  the  selectmen  of  the  town  of 
Braintree  in  December,  nineteen  hundred  and  forty-five,  in 
accepting  sections  fifty-six  to  fifty-nine,  inclusive,  of  chapter 


Acts,  1952.  — Chaps.  192,  193.  Ill 

thirty-two  of  the  General  Laws,  is  hereby  confirmed  and 
made  valid  in  so  far  as  said  action  may  be  invalid  by  reason 
of  the  failure  of  said  selectmen  to  enter  the  fact  of  such  ac- 
ceptance in  their  records,  and  by  reason  of  the  failure  of  the 
town  to  comply  with  the  provisions  of  section  five  of  chapter 
four  of  the  General  Laws,  and  said  sections  are  hereby  made 
effective  in  said  town. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  27,  1952. 


An  Act  providing  penalty  for  failure  of  natural  gas  Chap. 1^2 

PIPE  LINE  companies  TO  RESTORE  PROPERTIES  TO  REASON- 
ABLE CONDITION. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  in  part  provides  for  the  early  p""^*""^'^ 
restoration  of  the  surface  of  certain  land  where  pipes,  struc- 
tures and  equipment  have  been  placed  for  the  use  of  natural 
gas,  therefore  it  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  164  of  the  General  Laws  is  hereby  amended  by  g.l.  (Ter. 
inserting  after  section  75E,  inserted  by  section  1  of  chapter  new  §  75f, 
574  of  the  acts  of  1951,  the  following  section:  —  Section  75F.  ^'^'^^'^■ 
Any  natural  gas  pipe  line  company  which  lays  pipes  or  other  Natural  ga.* 
underground  equipment  or  structures,  or  repairs  or  alters  companies 
the  same,  on  any  land  on  which  it  does  not  have  a  fee  or  H'^^lf'^^^- 
a  binding  agreement  with  the  landowner,  shall  within  sixty  tain  prop- 
days  after  laying  such  pipes,  equipment  or  structures,  or  ^^^^^^'  ^*^' 
making  such  repairs  or  alterations,  restore  the  ground  surface 
to  a  condition  reasonably  consistent  with  its  condition  before 
construction,  repair  or  alteration,  and  any  failure  to  comply 
with  the  provisions  hereof  shall  be  punishable  by  a  fine  of 
not  more  than  one  hundred  dollars  for  each  day  of  failure 
to  so  comply.  Approved  March  27,  1952. 


An  Act  regulating  the  giving  of  notice  of  parking  ChaV-^^^ 

VIOLATIONS  INVOLVING  VEHICLES  REGISTERED  UNDER  THE 
LAWS  OF  ANOTHER  STATE  OR  COUNTRY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  20A  of  chapter  90  of  the  General  EdV'go^^"^' 
Laws  is  hereby  amended  by  striking  out  the  first  sentence,  i'soA  etc., 
as  appearing  in  chapter  201  of  the  acts  of  1938,  and  inserting  '*ni«°^«'*- 
in  place  thereof  the  following  sentence:  —  It  shall  be  the  Notice  of 
duty  of  any  police  oflSlcer  who  takes  cognizance  of  a  violation  Pf^j^^^^^a 
of  any  provision  of  any  rule,  regulation,  order,  ordinance  or 
by-law  regulating  the  parking  of  motor  vehicles  established 
by  any  city  or  town  or  by  any  commission  or  body  em- 
powered by  law  to  make  such  rules  or  regulations  therein, 


112  Acts,  1952.  — Chap.  194. 

forthwith  to  give  to  the  offender  a  notice  to  appear  before 
the  clerk  of  the  district  court  having  jurisdiction,  at  any 
time  during  office  hours,  in  the  case  of  a  violation  involving 
a  motor  vehicle  registered  under  the  laws  of  this  common- 
wealth, not  later  than  ten  days  after  the  time  of  said  viola- 
tion, and  in  the  case  of  a  motor  vehicle  registered  under  the 
,  laws  of  another  state  or  country,  not  later  than  thirty  days 
after  such  time. 
Edt'go*"^'  Section  2.     Said  section  20 A  of  said  chapter  90  is  hereby 

§  2bA.  etc.,       further  amended  by  striking  out  the  fifth  sentence,  as  so 
Imlnded.  appearing,  and  inserting  in  place  thereof  the  following  sen- 

Same  subject,  tencc ."  —  Whenever  it  is  not  possible  to  deliver  a  copy  of 
said  notice  to  the  offender  at  the  time  and  place  of  the  viola- 
tion, said  copy  shall  be  sent  by  the  officer,  or  by  his  command- 
ing officer  or  any  person  authorized  by  said  commanding 
officer,  in  the  case  of  a  violation  involving  a  motor  vehicle 
registered  under  the  laws  of  this  commonwealth,  within  three 
days  of  the  offence,  and  in  the  case  of  any  motor  vehicle 
registered  under  the  laws  of  another  state  or  country,  within 
ten  days  thereof,  exclusive,  in  either  case,  of  Sundays  and 
holidays,  to  the  address  of  the  registrant  of  the  motor  vehicle 
involved,  as  appearing,  in  the  case  of  a  motor  vehicle  regis- 
tered under  the  laws  of  this  commonwealth,  in  the  records 
of  the  registry  of  motor  vehicles  or,  in  the  case  of  a  motor 
vehicle  registered  under  the  laws  of  another  state  or  country, 
in  the  records  of  the  official  in  such  state  or  country  having 
charge  of  the  registration  of  such  motor  vehicle. 

Approved  March  27,  1952. 


Chap. 1^4:  An  Act  increasing  the  amount  that  savings  banks 

MAY    invest    in    CERTAIN    REAL    ESTATE    MORTGAGES    IN- 
SURED  BY   THE   FEDERAL   HOUSING   ADMINISTRATOR. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'  168  "^^  Section  54 A  of  chapter  168  of  the  General  Laws,  inserted 

§  5'4A,  etc.,       by  chapter  374  of  the  acts  of  1949,  is  hereby  amended  by 
amended.  striking  out,  iu  line  8,  the  word  "ten"  and  inserting  in  place 

thereof  the  word:  —  fifteen,  —  so  as  to  read  as  follows:  — 
t^^^X,,r.v.    Section  5AA.    In  addition  to  the  provisions  contained  in  sec- 
may  invest       tion  fifty-onc  of  Chapter  one  hundred  and  sixty-seven,  and 
reafesfate        in  addition  to  the  limitation  concerning  mortgage  loans 
iiScrefsId^'        secured  by  real  estate  located  in  states  contiguous  to  the 
commonwealth  as  contained  in  Clause  First  of  section  fifty- 
four,  and  subject  to  regulations  made  by  the  commissioner 
of  banks,  a  savings  bank  may  invest  not  more  than  fifteen 
per  cent  of  its  deposits  or  fifty  per  cent  of  the  aggregate  book 
value  of  real  estate  loans  outstanding  at  the  date  of  such  in- 
vestment granted  on  properties  located  within  the  common- 
wealth whichever  is  the  lesser,  and  without  restriction  as  to 
the  locations  of  properties  securing  loans,  in  mortgage  loans 
of  which  the  notes  have  been  endorsed  for  insurance  by  the 
federal  housing  administrator,  or  combined  with  secondary 


Acts,  1952.  — Chap.  195.  113 

mortgages  guaranteed  in  full  by  the  United  States  of  America 
through  the  Servicemen's  Readjustment  Act  of  1944,  as 
amended.  Nothing  herein  contained  shall  be  construed  as 
permitting  a  savings  bank  to  invest  more  than  seventy  per 
cent  of  the  whole  amount  of  deposits  in  first  mortgages  of 
real  estate.  Approved  March  27,  1952. 

An  Act  providing  for  the  establishment  of  a  right  of  phn^  105 

WAY   FOR  PUBLIC  ACCESS  TO  FORT  POND  IN  THE  TOWN  OF  ^' 

LITTLETON. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  county  commissioners  of  Middlesex 
county  are  hereby  authorized  and  directed  to  lay  out  in  the 
town  of  Littleton  a  right  of  way  for  pubUc  access  to  Fort 
pond,  in  accordance  with  plans  to  be  approved  by  the  de- 
partment of  public  works  and  showing  the  location  and 
dimensions  of  such  right  of  way.  If  it  is  necessary  to  ac- 
quire land  for  the  purpose  of  laying  out  such  right  of  way  said 
county  commissioners  shall  at  the  time  such  right  of  way  is 
laid  out  take  such  land  by  eminent  domain  under  chapter 
seventy-nine  of  the  General  Laws.  Any  person  sustaining 
damages  in  his  property  by  the  laying  out  of  such  right  of 
way,  or  by  specific  repairs  or  improvements  thereon,  shall 
be  entitled  to  recover  the  same  under  said  chapter  seventy- 
nine;  provided,  that  the  right  to  recover  damages,  if  any, 
by  reason  of  the  laying  out  of  such  right  of  way,  shall  vest 
upon  the  recording  of  the  order  of  taking  by  said  county  com- 
missioners and  that  no  entry  or  possession  for  the  purpose  of 
constructing  a  pubhc  way  on  land  so  taken  shall  be  required 
for  the  purpose  of  validating  such  taking  or  for  the  payment 
of  damages  by  reason  thereof. 

Section  2.  The  selectmen  of  the  town  of  Littleton  from 
time  to  time  may  make  specific  repairs  on  or  improve  such 
right  of  way  to  such  extent  as  they  may  deem  necessary,  but 
neither  the  county  of  Middlesex,  nor  any  city  or  town  therein, 
shall  be  required  to  keep  such  right  of  way  in  repair,  nor 
shall  they  be  liable  for  injury  sustained  by  persons  traveUing 
thereon;  provided,  that  sufficient  notice  to  warn  the  pubhc 
is  posted  where  such  way  enters  upon  or  unites  with  an  exist- 
ing pubhc  way. 

Section  3.  All  expenses  incurred  by  said  county  commis- 
sioners in  connection  with  such  right  of  way  shall  be  borne 
by  the  county  of  Middlesex,  or  by  such  cities  and  towns 
therein,  and  in  such  proportions,  as  said  county  commis- 
sioners may  determine. 

Section  4.  Said  right  of  way  shall  not  be  discontinued 
or  abandoned  without  authority  therefor  from  the  general 
court. 

Section  5.  Nothing  in  this  act  shall  be  construed  to 
hmit  the  powers  of  the  department  of  pubhc  health,  or  of 
any  local  board  of  health,  under  any  general  or  special  law. 

Approved  March  27,  1952. 


114  Acts,  1952. —  Chaps.  196,  197,  198. 

Chap.WQ  A.N  Act  authorizing  the  chairman  of  the  board  of  real 

ESTATE  COMMISSIONERS  OF  THE  CITY  OF  BOSTON  TO  CON- 
TRACT ON  BEHALF  OF  SAID  CITY  FOR  CERTAIN  TYPES  OF 
INSURANCE. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  434  of  the  acts  of  1943  is  hereby  amended  by 
inserting  after  section  2A,  inserted  by  chapter  159  of  the 
acts  of  1951,  the  following  section: — Section  2B.  The 
chairman,  subject  to  appropriation  and  the  approval  of  the 
board,  may  contract  with  a  company  or  companies  author- 
ized to  do  such  business  in  the  commonwealth  for  the  issu- 
ance of  a  policy  or  policies  insuring  the  city  against  (a)  legal 
liability  for  loss  or  damage  on  account  of  personal  injury  or 
death  or  property  damage  caused  by  accident  on  or  about 
any  real  estate  referred  to  in  section  two,  or  transferred 
under  section  two  A,  which  has  or  shall  have  been  let  or 
leased;  (6)  loss  or  damage  to  any  such  real  estate,  and  legal 
hability  for  loss  or  damage  on  account  of  personal  injury  or 
death  or  property  damage,  caused  by  the  breakage,  explosion 
or  rupture  of,  or  any  accidental  injury  to,  steam  boilers  and 
pipes  and  containers  connected  therewith,  any  lighting, 
heating  or  cooking  apparatus  or  their  connections,  fly\vheels, 
power  wheels,  and  engines  or  other  apparatus  for  applying 
or  transmitting  motive  or  electrical  power,  tanks  or  other 
receptacles  under  pressure,  or  their  connections,  or  machinery 
of  any  kind  on  any  such  real  estate ;  and  (c)  loss  of  or  damage 
to  glass  on  any  such  real  estate,  including  lettering  and  orna- 
mentation thereon,  and  loss  or  damage  caused  by  the  break- 
age of  such  glass.  Approved  March  27,  1952, 

Chap. 197  An  Act  relative  to  the  number  of  licenses  to  be 

GRANTED  IN  ANY  CITY  OR  TOWN  FOR  THE  SALE  OF  ALCO- 
HOLIC beverages. 

Be  it  enacted,  etc.,  as  follows: 

Kdn',  ili!  Section  1.    Section  17  of  chapter  138  of  the  General  Laws, 

§  lY,  etc'         as  amended,  is  hereby  further  amended  by  adding  at  the 
amended.         ^^^  thcreof  the  f ollowing  paragraph :  — 
Determination       lu  determining  the  population  of  any  city  or  town  for  the 
Tocaruquor"^     purposes  of  this  section,  no  account  shall  be  taken  by  the 
licenses  local  Hceusing  authority  of  the  number  of  patients  confined 

in  any  mental  institution  located  within  such  city  or  town. 
Section  2.    This  act  shall  not  affect  present  licensees. 

Approved  March  27,  1952. 

Chap. 198  An  Act  repealing  certain  provisions  of  law  relating 

to  the  election  of  trustees  of  the  BEDFORD  FREE 

library  corporation  and  other  matters. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  fifty-one  of  the  acts  of  nineteen  hun- 
dred and  fifty-one,  relating  to  the  election  of  trustees  of  the 


Acts,  1952.  — Chap.  199.  115 

Bedford  Free  Public  Library  Corporation  and  other  matters, 
is  hereby  repealed. 

Section  2.  The  inhabitants  of  the  town  of  Bedford  are 
authorized  to  elect  six  members  of  the  board  of  trustees  of 
the  Bedford  Free  Public  Library  in  such  manner  that  one 
third  thereof  shall  be  elected  for  one  year,  one  third  for  two 
years,  one  third  for  three  years  and  thereafter  one  third 
shall  be  elected  annually  for  a  term  of  three  years;  and  said 
members,  together  with  the  senior  clergyman  for  the  time 
being  of  each  of  the  Congregational,  Unitarian  and  Catholic 
churches  in  said  town  shall  constitute  the  board  of  trustees 
of  the  Bedford  Free  PubUc  Library  with  all  the  powers 
appertaining  thereto  or  to  the  trustees  of  a  free  public  U- 
brary.  The  election  of  any  trustee  of  the  free  pubhc  library 
at  any  town  meeting  held  before  the  effective  date  of  this  act 
is  hereby  ratified  and  confirmed  as  the  election  of  said 
trustee  as  a  trustee  of  the  Bedford  Free  Public  Library.  The 
board  of  trustees  of  the  Bedford  Free  PubHc  Library'-  is  au- 
thorized to  fill  vacancies  among  the  elected  members  of  the 
board  until  the  next  ensuing  annual  town  meeting.  The 
board  shall,  from  its  own  number,  annually  choose  a  chairman 
and  a  secretary.  The  town  treasurer  shall  act  as  treasurer 
of  the  Bedford  Free  PubUc  Library. 

Section  3.  The  duly  elected  trustees  of  the  Bedford  Free 
Public  Library  shall  annually  elect  from  among  their  num- 
ber three  members  to  serve  as  trustees  of  the  Bedford  Free 
Public  Library  Corporation  and  fill  vacancies  as  such  trustee 
of  said  Bedford  Free  Public  Library  Corporation,  who  in 
turn  shall  annually  elect  from  their  own  number  a  president 
and  secretary.  The  trustees  of  said  corporation  shall  have 
full  power  to  administer  funds  and  have  custody  of  all  per- 
sonal property  bequeathed  or  donated  to  it  as  such.  The 
town  treasurer  shall  act  as  treasurer  of  the  said  corporation, 
without  additional  bond. 

Section  4.  Any  public  building  owned  by  said  town  may 
by  vote  of  the  town  be  turned  over  to  the  trustees  of  the 
Bedford  Free  Public  Library  as  so  constituted  in  section 
two,  to  be  used  as  a  free  pubUc  library. 

Section  5.  Said  library  shall  be  conducted  in  accordance 
with  the  appUcable  and  pertinent  provisions  of  chapter 
seventy-eight  of  the  General  Laws. 

Section  6.  This  act  shall  take  effect  on  the  date  of  the 
annual  town  meeting  of  nineteen  hundred  and  fifty-three  of 
the  town  of  Bedford.  Approved  March  27,  1952. 


An  Act  relative  to  the  vote  required  for  removal  C/iai0.199 

OF  THE  TOWN  MANAGER  IN  THE  TOWN  OF  SAUGUS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  11  of  chapter  17  of  the  acts  of  1947 
is  hereby  amended  by  striking  out,  in  line  2  and  line  15,  the 
words  "four  fifths"  and  inserting  in  place  thereof,  in  each 


116  Acts,  1952.  — Chap.  200. 

instance,  the  word: — majority, — so  as  to  read  as  fol- 
lows: —  Section  11.  Removal  of  Manager.  —  The  selectmen, 
by  a  majority  vote  of  the  full  membership  of  the  board,  may 
remove  the  to\vn  manager.  At  least  thirty  days  before  such 
proposed  removal  shall  become  effective,  the  selectmen  shall 
file  a  preliminary  written  resolution  with  the  town  clerk 
setting  forth  in  detail  the  specific  reasons  for  his  proposed 
removal,  a  copy  of  which  resolution  shall  be  delivered  to  the 
town  manager.  The  manager  may  reply  in  wi-iting  to  the 
resolution  and  may  request  a  public  hearing.  If  the  manager 
so  requests,  the  board  of  selectmen  shall  hold  a  public  hearing 
not  earlier  than  twenty  days  nor  later  than  thirty  days  after 
the  filing  of  such  request.  After  such  public  hearing,  if  any, 
otherwise  at  the  expiration  of  thirty  days  following  the  filing 
of  the  preliminary  resolution,  and  after  full  consideration, 
the  selectmen  by  a  majority  vote  of  the  full  membership  of 
the  board  may  adopt  a  final  resolution  of  removal.  In  the 
preliminary  resolution,  the  selectmen  may  suspend  the  mana- 
ger from  duty,  but  shall  in  any  case  cause  to  be  paid  to  him 
forthwith  any  unpaid  balance  of  his  salary  and  his  salary 
for  the  next  three  calendar  months  following  the  filing  of 
the  preliminary  resolution. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of 
the  town  of  Saugus  at  the  town  election  in  the  year  nineteen 
hundred  and  fifty-three  in  the  form  of  the  following  question, 
which  shall  be  placed  upon  the  ofl3.cial  ballot  to  be  used  for 
the  election  of  town  officers  at  said  election:  —  "Shall  an 
act  passed  by  the  General  Court  in  the  year  nineteen  hundred 
and  fifty-two  providing  that  the  town  manager  of  this 
town  may  be  removed  by  a  majority  vote  of  the  full  member- 
ship of  the  board  of  selectmen  instead  of  by  a  four  fifths  vote 
thereof,  be  accepted?"  If  a  majority  of  the  votes  in  answer 
to  said  question  is  in  the  affirmative,  this  act  shall  thereupon 
take  full  effect,  but  not  otherwise. 

Approved  March  21,  1952. 


Chap. 200  An  Act  relative  to  the  retention  of  certain  contribu- 
tions FROM  THE  SALARIES  OF  MEMBERS  OF  THE  TEACHERS' 
RETIREMENT  FUND  IN  THE  CITY  OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  237  of  the  acts  of  1900  is  hereby 
amended  by  striking  out  section  5,  as  amended  by  section  1 
of  chapter  140  of  the  acts  of  1920,  and  inserting  in  place 
thereof  the  following :  —  Section  5.  The  city  treasurer  of 
the  city  of  Boston  shall  retain  from  the  salary  of  every 
teacher  coming  under  the  provisions  of  this  act  who  is  paid 
in  twelve  monthly  pajonents  the  sum  of  one  and  one  half 
dollars  a  month,  and  from  the  salary  of  every  such  teacher 
who  is  not  so  paid  the  sum  of  eighteen  dollars  a  year  in  such 
instalments  as  the  board  of  trustees  shall  approve.  All  sums 
retained  by  the  city  treasurer  under  this  section  shall  be 


Acts,  1952.  — Chaps.  201,  202.  117 

paid  by  him  into  the  general  fund  established  by  section 
one  of  this  act. 

Section  2.     This  act  shall  take  effect  on  September  first 
in  the  current  year.  Approved  March  27,  1952. 


An  Act  relative  to  the  inspection,  stamping  and  brand-  Qjidj)  201 

ING    OF    carcasses    OF    CERTAIN    ANIMALS    SLAUGHTERED 
WITHOUT  THE  COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

The  first  paragraph  of  section  131  of  chapter  94  of  the  g.  l.  (Xer. 
General  Laws  is  hereby  amended  by  striking  out,  in  line  13,  ^'[■^•^  ^^^^ 
as  appearing  in  section  6  of  chapter  334  of  the  acts  of  1949,  amended. " 
the  word  "and"  and  inserting  in  place  thereof  the  word:  — 
or,  —  so  as  to  read  as  follows :  —  Carcasses  of  neat  cattle,  inspection, 
horses,  mules,  sheep  or  swine  slaughtered  without  the  com-  ^^rc'asses 
monwealth  shall  be  deemed  unfit  for  food,  and  shall  not  be  of  certain 
sold  or  offered  for  sale  unless  they  have  been  inspected  at  rrgSated. 
the  time  of  slaughter  by  an  inspector  of  the  Bureau  of  Animal 
Industry  of  the  United  States  Department  of  Agriculture 
and  have  been  stamped  or  branded  by  said  inspector;  or,  in 
the  case  of  carcasses  slaughtered  outside  the  United  States, 
unless  they  have  been  inspected  at  the  time  of  slaughter  in 
a  manner  and  under  certification  acceptable  to  the  Bureau 
of  Animal  Industry  of  the  United  States  Department  of 
Agriculture  and  have  subsequently  been  examined  or  stamped 
or  branded  by  said  Bureau  of  Animal  Industry. 

Approved  March  27,  1952. 


An  Act  authorizing  fraternal  benefit  societies  under  Qhnj)  202 

CERTAIN    qualifications    TO    TRANSFER    FUNDS    FOR    EX-  ^' 

pense  purposes. 

Be  it  enacted,  etc.,  as  follows: 

Section  14  of  chapter  176  of  the  General  Laws  is  hereby  g.  l.  (Xer. 
amended  by  adding  at  the  end  of  the  first  sentence,  as  ap-  fu^.'etl^,' 
pearing  in  section  5  of  chapter  346  of  the  acts  of  1945,  the  amended. 
following: —  ;   provided,  however,  that  any  society  having  Transferor 
admitted  assets  as  shown  by  its  annual  statement  filed  with  by'^frLlema^^ 
the  commissioner,  in  excess  of  one  hundred  and  five  per  cent  ^l^^^l^^ 
of  its  entire  liabilities,  including  its  required  reserves,  pro-  luThorlz'ed. 
vided  such  reserves  are  at  least  equivalent  to  the  amount 
required  by  the  American  Experience  Table  of  Mortality 
with  interest  at  three  per  cent  per  annum,  may  transfer  or 
allocate  such  excess  mortuary  funds  to  the  expense  fund  of 
the  society,  in  accordance  with  its  constitution  and  by-laws; 
but  the  amount  so  transferred  in  any  calendar  year  shall 
not  exceed  whichever  is  the  smaller  of  (a)  seventy-five  per 
cent  of  the  savings  in  mortality  of  said  society  during  the 
preceding  calendar  year  or  (6)  ten  per  cent  of  the  net  mortu- 
ary assessments  received  by  the  said  society  in  the  preceding 


118  Acts,  1952. —Chaps.  203,  204. 

calendar  year;  and  provided,  further,  that  no  sum  shall  be 
transferred  as  aforesaid  which  reduces  the  actuarial  solvency 
of  said  society  below  the  aforesaid  basis;  and  provided,  fur- 
ther, that  any  sum  thus  transferred  shall  not  exceed  the  in- 
curred insurance  expenses  hereinafter  specified  during  the 
said  calendar  year,  and  said  sum  shall  be  expended  solely  for 
the  following  insurance  expenses  of  the  society:  — 

(a)  Actuarial  services. 

(b)  Cost  of  preparing  and  mailing  dividends. 

(c)  Billing  department  costs. 

(d)  Machine  equipment. 

(e)  Maintaining  automatic  loan  records. 
(/)   Certificates. 

(g)  Actuarial  records. 

Approved  March  £7,  1962. 


C hap, 20Z  An  Act  regulating  the  amount  payable  by  a  licensee 

HOLDING   A    BOXING   OR   SPARRING   MATCH. 

Be  it  enacted,  etc.,  as  follows: 

Edo'iIyT'  Section  40  of  chapter  147  of  the  General  Laws,  as  appear- 

§  40.' amended,  ing  in  the  Tercentenary  Edition,  is  hereby  amended  by  in- 
serting after  the  word  "fees",  in  line  4,  the  words:  —  or  from 
television  or  broadcasting  rights,  — so  as  to  read  as  follows: 
commonwealth  — Sectiou  1^0.     Evcry  liccnsee  holding  or  conducting  any 
licpMeet!"         ^^'^  boxing  or  sparring  match  or  exhibition  shall,  within 
regulated.         sevcnty-two  hours  after  its  conclusion,  pay  to  the  state 
treasurer  a  sum  equal  to  five  per  cent  of  the  total  gross  re- 
ceipts from  the  sale  of  tickets  or  from  admission  fees  or  from 
television  or  broadcasting  rights;    provided,  that  if  such 
match  or  exhibition  is  conducted  as  an  incidental  feature  in 
an  event  or  entertainment  of  a  different  character,  such 
portion  of  the  total  receipts  shall  be  paid  to  the  common- 
wealth as  the  commission  may  determine  or  as  may  be  fixed 
pro^eed°/etc.     ^Y  ™^^  adoptcd  uudcr  section  forty-six.    Within  said  time 
the  licensee  shall  furnish  to  the  commission  a  report,  duly 
verified  by  the  treasurer  and  secretary,  showing  the  exact 
number  of  tickets  sold  and  admission  fees  collected  for  the 
contest,  and  the  gross  receipts  thereof,  and  such  other  data 
as  the  commission  may  require.     Approved  March  27, 1952. 

Chap.204:  An  Act  relative  to  the  number  of  assistant  city  regis- 
trars IN  THE   CITY   OF  BOSTON. 

Be  it  enacted,  etc.,  as  folio ws: 

Chapter  314  of  the  acts  of  1892  is  hereby  amended  by 
striking  out  section  2  and  inserting  in  place  thereof  the  fol- 
lowing section:  —  Section  2.  Said  city  registrar  shall,  from 
his  subordinates,  appoint  three  assistant  city  registrars,  who 
may,  in  the  absence  of  said  city  registrar,  perform  his  duties. 
The  certificates  or  attestations  of  an  assistant  city  registrar 


Acts,  1952.  —  Chaps.  205,  206,  207.  119 

shall  have  the  same  force  and  effect  as  that  of  said  city  regis- 
trar. Said  city  registrar  may  pay,  out  of  any  funds  received 
by  him,  the  fees  due  to  persons  making  returns  under  the 
requirements  of  law,  and  shall,  on  or  before  the  twentieth 
of  each  month,  transmit  the  accounts  and  vouchers  for  all 
funds  so  received  and  fees  so  paid  to  the  city  auditor. 

Approved  March  S7,  1952. 


An  Act  authorizing  the  city  of  westfield  to  pay  a  Chap. 206 

CERTAIN  SUM  OF  MONEY  TO  GEORGE  C.  BYERS. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  any  provisions  of  section  ninety-one  of 
chapter  thirty-two  of  the  General  Laws,  the  city  of  Westfield 
is  hereby  authorized  to  pay  to  George  C.  Byers,  a  retired 
employee  of  the  fire  department  of  said  city,  the  sum  of  two 
hundred  and  ninety-eight  dollars  and  seventy  cents  for  work 
performed  during  the  period  from  October  eleventh  to 
December  fifteenth,  nineteen  hundred  and  fifty,  as  superin- 
tendent of  the  fire  alarm  system  of  said  city. 

Approved  March  27,  1952. 


An   Act   placing   the   incumbent   of  the   position   of  (7/j,flr>.206 

ASSISTANT  epidemiologist  IN  THE  HEALTH  DEPARTMENT 
OF  THE  CITY  OF  LYNN  UNDER  CIVIL  SERVICE  LAWS  AND 
RULES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  incumbent  of  the  position  of  assistant 
epidemiologist  in  the  health  department  of  the  city  of  Lynn 
shall  be  classified  under  the  civil  service  laws  and  rules  on 
the  effective  date  of  this  act;  provided,  that  he  passes  a 
qualifying  examination  to  be  given  by  the  division  of  civil 
service. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  mayor  and  city  council  of  the  said  city  in 
the  current  year.  Approved  March  27,  1952. 


An  Act  relative  to  the  examination  and  determina-  Chav. 207 

TION  of  election  results  BY  THE  GOVERNOR  AND  COUNCIL 
IN    STATE    ELECTIONS   AND    STATE-WIDE    RECOUNTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  115  of  chapter  54  of  the  General  Laws,  as  appear-  a  l.  aer. 
ing  in  the  Tercentenary  Edition,   is  hereby  amended  by  §  lU,   ' 
striking  out   the   second   sentence   and   inserting  in   place  amended. 
thereof  the   following  sentence :  —  Within   ten   days  after  Examination, 
such  delivery,  the  governor,  with  at  least  five  councillors,  election 
shall  open  and  examine  all  such  copies.  results. 

Approved  March  27,  1952. 


120  Acts,  1952.  —  Chaps.  208,  209. 


Chap. 208  An  Act  repealing  the  provisions  of  law  providing  for 

PREFERENTIAL  VOTING  AT  MUNICIPAL  ELECTIONS  IN  THE 
CITY  OF  NEWTON  AND  MAKING  THE  GENERAL  MUNICIPAL 
ELECTION  LAWS  APPLICABLE  THEREIN. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  So  much  of  chapter  two  hundred  and  sixty- 
one  of  the  Special  Acts  of  nineteen  hundred  and  sixteen,  and 
all  acts  in  amendment  thereof  and  in  addition  thereto,  as 
relates  to  the  nomination  and  election  of  municipal  officers 
in  the  city  of  Newton,  are  hereby  repealed,  and  upon  such 
repeal  such  officers  shall  be  nominated  as  provided  in  section 
six  of  chapter  fifty-three  of  the  General  Laws,  and  shall  be 
elected  by  plurality  vote. 

Section  2.  Notwithstanding  the  provisions  of  any  gen- 
eral or  special  law,  the  number  of  signatures  of  quaUfied 
voters  required  to  nominate  municipal  officers  in  the  city  of 
Newton  shall  be  as  follows :  —  For  the  office  of  mayor,  one 
hundred  signatures;  for  alderman  at  large,  fifty  signatures; 
for  members  of  the  school  committee,  fifty  signatures;  and 
for  alderman  by  ward,  twenty-five  signatures  of  quahfied 
voters  of  the  ward  in  which  the  election  is  to  be  held. 

Section  3.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Newton  at  the  next 
biennial  state  election  in  the  form  of  the  following  question, 
which  shall  be  placed  upon  the  official  ballot  to  be  used  in 
said  city  at  said  election:  —  "Shall  an  act  passed  by  the 
general  court  in  the  year  nineteen  hundred  and  fifty-two, 
entitled  'An  Act  repealing  the  provisions  of  law  providing 
for  preferential  voting  at  municipal  elections  in  the  city  of 
Newton  and  making  the  general  municipal  election  laws 
apphcable  therein',  be  accepted?"  If  a  majority  of  the 
voters  present  and  voting  thereon  vote  in  the  afiirmative  in 
answer  to  said  question,  this  act  shall  thereupon  take  full 
effect,  but  not  otherwise.  Approved  April  1,  1952. 


Chap. 209  An   Act  increasing  the   maximum   participation   per- 
missible IN  the  investment  of  small  trust  funds. 

Be  it  enacted,  etc.,  as  folloivs: 

EdV'203A  Chapter  203 A  of  the  General  Laws  is  hereby  amended  by 

§  7,  etc.,    '       striking  out  section  7,  as  amended  by  chapter  755  of  the 

amended.         ^^^^  ^£  ^g^g^  ^^^  inserting  in  place  thereof  the  following 

Maximum         sectiou :  —  Section  7.     No  participation  in  a  common  trust 

permissrbk"     fuud  shall  be  acquired  by  any  trustee,  guardian  or  conser- 

ment'ofsmaii    vator  whilc  any  investment  therein  is  such  as  would  then 

trust  fund.s.       j^q^  ^g  ^  proper  investment  for  a  trustee  or  then  not  be 

readily  marketable,  or  such  as  would  result  in  any  such 

trustee,  guardian  or  conservator  having  participations  in 

common  trust  funds  of  a  total  value  in  excess  of  one  hundred 

thousand  dollars  as  computed  in  accordance  with  the  provi- 


Acts,  1952. —Chaps.  210,  211.  121 

sions  of  section  six,  or  as  would  result  in  an  inter  vivos  trust 
created  after  the  date  of  said  declaration  of  trust  having 
a  participation  in  common  trust  funds  of  a  total  value  of 
less  than  four  thousand  dollars. 

Approved  April  1,  1952. 

An  Act  authorizing  the  town  of  Shrewsbury  to  pay  a  Chav.2\0 

SUM    OF   MONEY    TO    FRANK   DAVOLIO. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Shrewsbury  is  hereby  author- 
ized to  pay  from  an  appropriation  available  therefor  to 
Frank  Davolio,  doing  business  under  the  name  of  E.  Davolio 
&  Son,  the  sum  of  six  hundred  and  eleven  dollars  and  nine 
cents  for  labor  and  materials  furnished  by  him  to  said  town. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  3,  1952. 

An  Act  relative  to  the  holding  of  property  by  the  (Jfiaj)  211 

university  OF  MASSACHUSETTS  ,  BUILDING  ASSOCIATION 
AND  THE  LEASING  OF  CERTAIN  STATE  LAND  TO  SAID  COR- 
PORATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  University  of  Massachusetts  Building  Associ- 
ation, incorporated  under  the  name  of  Massachusetts  State 
College  Building  Association  by  section  one  of  chapter  three 
hundred  and  eighty-eight  of  the  acts  of  nineteen  hundred 
and  thirty-nine,  is  hereby  authorized  to  hold,  for  the  pur- 
poses set  forth  in  said  chapter,  real  and  personal  estate  to  an 
amount  not  exceeding  eight  hundred  thousand  dollars,  in 
addition  to  the  amount  of  real  and  personal  estate  which 
may  be  held  by  said  corporation  under  authority  of  said 
chapter  and  of  chapter  three  hundred  and  ninety  of  the  acts 
of  nineteen  hundred  and  forty-five,  chapter  three  hundred 
and  fifty-two  of  the  acts  of  nineteen  hundred  and  forty-six, 
chapter  one  hundred  and  eighty-five  of  the  acts  of  nineteen 
hundred  and  forty-eight,  and  of  chapter  four  hundred  and 
fourteen  of  the  acts  of  nineteen  hundred  and  fifty,  of  which 
an  amount  not  exceeding  twenty  thousand  dollars  may 
consist  of,  or  be  applied  to  the  construction  and  equipment 
of,  garage  units  adjacent  to  the  housing  units  heretofore 
constructed  by  said  corporation  for  occupancy  by  professors, 
instructors,  teachers  and  employees  of  the  University  of 
Massachusetts,  such  garages  to  be  for  hire  by  occupants  of 
said  housing  units  from  the  trustees  of  the  university,  acting 
in  the  name  of  and  for  the  commonwealth,  on  such  terms 
and  conditions  as  said  trustees,  or  their  authorized  repre- 
sentatives, shall  determine. 

Section  2.  The  trustees  of  the  University  of  Massa- 
chusetts may,  in  the  name  of  and  for  the  commonwealth, 
lease  to  said  corporation  two  acres  of  land  in  Amherst  or 


122  Acts,  1952.  — Chap.  212. 

Hadley  owned  by  the  commonwealth,  for  the  erection  and 
maintenance  of  dormitories,  commons  and  other  buildings 
for  the  use  of  said  university  or  its  students,  faculty  and 
staff.  The  land  hereby  authorized  to  be  leased  to  said  cor- 
poration shall  be  in  addition  to  the  aggregate  land  author- 
ized to  be  leased  pursuant  to  section  six  of  said  chapter  three 
hundred  and  eighty-eight  of  the  acts  of  nineteen  hundred 
and  tliirty-nine,  section  two  of  chapter  three  hundred  and 
ninety  of  the  acts  of  nineteen  hundred  and  forty-five,  section 
two  of  chapter  three  hundred  and  fifty-two  of  the  acts  of 
nineteen  hundred  and  forty-six,  section  two  of  chapter  one 
hundred  and  eighty-five  of  the  acts  of  nineteen  hundred  and 
fortj^-eight  and  section  two  of  chapter  four  hundred  and 
fourteen  of  the  acts  of  nineteen  hundred  and  fifty.  Leases 
to  said  corporation,  executed  on  behalf  of  the  commonwealth 
by  a  majority  of  said  trustees,  of  the  land  provided  in  said 
acts  and  tliis  act  and  in  any  grants  hereafter  enacted  of 
additional  Hke  authority,  for  said  purposes  are  authorized 
in  parcels  as  heretofore  or  hereafter  from  time  to  time  de- 
termined by  or  on  behalf  of  said  tmstees;  provided,  that  the 
aggregate  land  so  leased  shall  not  at  any  time  exceed  the 
aggregate  land  theretofore  so  authorized  to  be  leased  to  said 
corporation.  Nothing  in  this  section  shall  be  construed  as 
limiting  or  restricting  the  powers  conferred  upon  said 
trustees  by  said  section  six  of  said  chapter  three  hundred 
and  eighty-eight  with  respect  to  the  leasing  of  lands  by  them 
to  said  corporation.  Approved  April  3,  1952. 


Chap.212  An  Act  providing  that  the  city  council  of  the  city  of 

BOSTON    MAY,    WITH    THE    APPROVAL    OF    THE    MAYOR,    FIX 
CERTAIN   SALARIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Paragraph  (6)  of  section  117  of  chapter  479 
of  the  acts  of  1938  is  hereby  amended  by  striking  out  the 
third  sentence,  as  appearing  in  section  1  of  chapter  201  of 
the  acts  of  1949,  and  inserting  in  place  thereof  the  following 
sentence :  —  Each  member  of  the  board  of  appeal  shall  re- 
ceive for  every  day  or  part  thereof  of  actual  service  twenty 
dollars  or  such  other  sum  as  maj^  from  time  to  time  be  fixed 
by  the  city  council  with  the  approval  of  the  mayor;  but  no 
member  shall  so  receive  in  any  one  year  more  than  fifteen 
hundred  dollars  or  such  other  sum  as  may  from  time  to  time 
be  fixed  by  the  city  council  with  the  approval  of  the  mayor. 

Section  2.  Paragraph  (a)  of  section  120  of  said  chapter 
479  is  hereby  amended  b}'-  striking  out  the  last  sentence  and 
inserting  in  place  thereof  the  following  sentence :  —  Each 
member  of  the  board  of  examiners  shall  receive  for  every 
day  or  part  thereof  of  actual  service  ten  dollars  or  such  other 
sum  as  va&Y  from  time  to  time  be  fixed  by  the  city  council 
with  the  approval  of  the  mayor;  but  no  member  shall  so 
receive  in  any  one  year  more  than  one  thousand  dollars  or 


Acts,  1952.  — Chap.  213.  123 

such  other  sum  as  may  from  time  to  time  be  fixed  by  the 
city  council  with  the  approval  of  the  mayor. 

Section  3.  Paragraph  (a)  of  section  121  of  said  chapter 
479  is  hereby  amended  by  striking  out  the  second  sentence 
and  inserting  in  place  thereof  the  following  sentence:  — 
The  member  of  the  board  of  examiners  of  gasfitters  who  is 
a  licensed  master  gasfitter  shall  be  appointed  annually  by 
the  maj'or  for  a  term  ending  on  the  first  day  of  May  of  the 
year  next  ensuing;  and  he  shall  receive  for  every  day  or  part 
thereof  of  actual  service  ten  dollars  or  such  other  sum  as 
may  from  time  to  time  be  fixed  by  the  city  council  with  the 
approval  of  the  mayor. 

Section  4.  Section  2  of  chapter  93  of  the  Special  Acts 
of  1918,  as  most  recently  amended  by  section  1  of  chapter 
601  of  the  acts  of  1951,  is  hereby  further  amended  by  strik- 
ing out  the  last  sentence  and  inserting  in  place  thereof  the 
following  sentence:  —  The  mayor  shall  designate  the  chair- 
man of  the  board  of  assessors  who  shall  receive  an  annual 
salary  of  eighty-two  hundred  and  sixty  dollare  or  such  other 
sum  as  may  from  time  to  time  be  fixed  by  the  city  council 
with  the  approval  of  the  mayor;  and  the  four  other  members 
of  said  board  shall  each  receive  an  annual  salary  of  sixty- 
seven  hundred  and  sixty  dollars  or  such  other  sum  as  may 
from  time  to  time  be  fixed  by  the  city  council  with  the 
approval  of  the  mayor. 

Section  5.  Section  3  of  said  chapter  93,  as  most  recently 
amended  by  section  2  of  said  chapter  601,  is  hereby  further 
amended  by  striking  out  the  last  sentence  and  inserting  in 
place  thereof  the  following  sentence:  —  Each  deputy  assessor 
shall  perform  such  duties  as  the  board  of  assessors  may  pre- 
scribe, and  shall  receive  an  annual  salary  of  sixty-two  hun- 
dred and  sixt}^  dollars  or  such  other  sum  as  may  from  time 
to  time  be  fixed  by  the  city  council  with  the  approval  of  the 
mayor. 

Section  6.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  city  council  with  the  approval  of  the  mayor. 

Approved  April  3,  1952. 


An    Act    authorizing    the    county    commissioners    of  phnij  213 

MIDDLESEX  COUNTY  TO  PAY  A  SUM  OF  MONEY  TO  CHARLES      "* 
H.  McSWEENEY  OF  BELMONT. 

Be  it  enacted,  etc.,  as  follows: 

For  the  purpose  of  discharging  a  moral  obligation,  the 
county  commissioners  of  Middlesex  county  are  hereby 
authorized  to  pay  to  Charles  H.  McSweeney  of  Belmont  the 
sum  of  five  hundred  dollars  to  reimburse  him  for  medical  and 
dental  expenses  incurred  by  him  as  a  result  of  an  accident 
sustained  in  the  probate  court  of  said  county  on  May  seven- 
teenth, nineteen  hundred  and  fifty-one.  No  payment  shall 
be  made  hereunder  until  there  shall  have  been  filed  mth  the 
treasurer  of  said  county  an  agreement  signed  by  said  Charles 


124  Acts,  1952. —  Chaps.  214,  215. 

H.  McSweeney  that  the  amount,  if  any,  paid  or  to  be  paid 
for  legal  services  rendered  in  connection  with  the  passage  of 
this  act  shall  not  exceed  ten  per  cent  of  the  sum  paid  here- 
under. Approved  April  3,  1952. 


Chap.214:  An  Act  providing  that  applicants  for  civil  service 
examinations  shall  not  be  required  to  furnish 
certain  information. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Scction  13  of  chapter  31  of  the  General  Laws,  as  most 

etc!, 'amended'.    Tccently  amended  by  section  5  of  chapter  703  of  the  acts  of 

1945,  is  hereby  further  amended  by  adding  at  the  end  the 
for^dyfi"^^  following  sentence:  —  In  filing  such  application,  no  appli- 
serviceex-  cant  shall  be  required  to  furnish  any  information  of  arrest 
shmnn*ot"be  Or  convictiou  of  the  following  misdemeanors:  —  drunken- 
furnkh^  *°  ness,  Simple  assault,  speeding,  minor  traffic  violations,  affray 
certain  or  disturbance  of  the  peace;    provided,  that  the  date  of 

information.      an-gst  or  conviction  was  ten  years  prior  to  the  filing  of  said 

application.  Approved  April  3,  1952. 


Chap. 215  An  Act  establishing  a  traffic  commission  in  the  city 

OF   EVERETT. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  There  is  hereby  established  in  the  city  of 
Everett,  hereinafter  referred  to  as  the  city,  a  traffic  com- 
mission, to  consist  of  the  chief  of  police,  chief  of  the  fire 
department,  superintendent  of  streets,  city  engineer  and 
the  inspector  of  wires. 

Section  2.  The  chief  of  police,  or  his  representative, 
shall  act  as  the  chairman  of  said  commission.  The  members 
of  the  commission  shall  receive  no  compensation  for  their 
services  as  commissioners,  but  all  expenses  incurred  for  the 
purposes  of  this  act  shall  be  paid  by  the  city,  from  an  appro- 
priation provided  for  that  purpose.  All  statutes  and  ordi- 
nances applicable  generally  to  departments  shall  apply  to 
the  commission. 

Section  3.  The  commission  shall  have  exclusive  author- 
ity, except  as  otherwise  herein  provided,  to  adopt,  amend, 
alter  and  repeal  rules  and  regulations,  not  inconsistent  with 
the  General  Laws  as  modified  by  this  act,  relative  to  vehicular 
traffic  in  the  city,  and  to  the  movement,  stopping  or  standing 
of  vehicles  on,  and  their  exclusion  from,  all  or  any  streets, 
ways,  highways,  roads  and  parkways,  under  the  control  of 
the  city,  including  rules  and  regulations  designating  any 
way  or  part  thereof  under  said  control  as  a  through  way 
under  and  subject  to  the  provisions  of  section  nine  of  chapter 
eighty-nine  of  the  General  Laws,  and  may  prescribe  penal- 
ties not  exceeding  twenty  dollars  for  the  violation  of  any 
rule  or  regulation  adopted  hereunder.    No  such  rule  or  regu- 


Acts,  1952.  — Chap.  216.  126 

lation,  except  such  special  rules  and  regulations  as  are 
declared  by  vote  of  the  commission  to  be  urgently  required 
by  consideration  of  pubhc  safety  or  convenience  or  such  as 
are  of  a  temporary  nature  and  are  to  be  effective  for  a  period 
of  not  more  than  thirty  days,  shall  take  effect  until  published 
for  two  successive  weeks  in  one  or  more  newspapers  published 
in  the  city.  Upon  petitions  of  fifteen  registered  voters  of  the 
city  relative  to  any  rule  or  regulation  adopted  or  proposed 
to  be  adopted  under  this  section,  the  commission  shall  hold 
a  public  hearing  thereon  within  thirty  days  after  the  filing 
with  the  commission  of  such  petitions,  and  final  action 
thereon  shall  be  determined  only  by  vote  of  a  majority  of  the 
entire  membership  of  the  commission.  The  commission 
shall  have  power  to  erect  signals,  markings  and  other  de- 
vices for  the  control  of  such  traffic  in  the  city  and  for  in- 
forming and  warning  the  public  as  to  rules  and  regulations 
adopted  hereunder,  subject,  however,  to  section  two  of 
chapter  eighty-five  and  sections  eight  and  nine  of  chapter 
eighty-nine  of  the  General  Laws.  Nothing  in  this  act  shall 
be  construed  to  authorize  the  commission  to  adopt  any  rule 
or  regulation  excluding  trackless  trolley  vehicles  or  buses  of  a 
street  railway  or  bus  company  from  any  way  or  part  thereof 
in  which  it  has  a  location,  or  to  modify  or  limit  any  power 
or  authority  of  the  metropolitan  district  commission,  of  the 
state  department  of  public  works  or  the  state  department  of 
pubhc  utilities,  or  any  power  now  vested  in  the  mayor, 
board  of  aldermen  or  heads  of  departments  with  reference 
to  the  issuance  of  hcenses  or  permits  for  the  opening,  using 
or  occupying  of  streets  and  sidewalks. 

Section  4.  All  existing  ordinances,  relating  to  the  con- 
trol of  vehicular  traffic  shall  remain  in  full  force  and  effect 
until  superseded  by  regulations  adopted  by  the  commission 
under  this  act,  and  the  adoption  thereof  shall  not  affect  any 
act  done,  any  right  accrued,  any  penalty  incurred,  or  any 
suit  or  prosecution  pending,  at  the  time  of  said  adoption. 

Section  5.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  city  council,  subject  to  the  pro- 
visions of  the  city  charter,  but  not  otherwise. 

Approved  April  3,  1952. 


An  Act  extending  the  period  of  time  during  which  Qliap  216 

THE  CITY  OF  NEW  BEDFORD  MAY  APPROPRIATE  MONEY 
FOR  THE  PROMOTION  AND  DEVELOPMENT  OF  THE  INDUSTRIAL 
RESOURCES  OF  SAID  CITY. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Chapter  736  of  the  acts  of  1949  is  hereby 
amended  by  striking  out  section  1  and  inserting  in  place 
thereof  the  following  section :  -^  Section  1 .  Notwithstand- 
ing the  provisions  of  any  general  or  special  law  to  the  con- 
trary, the  city  of  New  Bedford  may  appropriate  annually, 
for  a  period  of  six  years  commencing  in  the  current  year,  a 


126  Acts,  1952.  —  Chaps.  217,  218. 

sum  not  exceeding  thirty  thousand  dollars  in  any  one  year, 
for  the  purpose  of  creating  a  development  and  industrial 
commission  for  the  promotion  and  development  of  the  in- 
dustrial resources  of  said  city.  The  commission  shall  conduct 
researches  into  industrial  conditions  and  shall  seek  to  co- 
ordinate the  activities  of  unofiicial  bodies  organized  for  said 
purposes,  and  may  advertise,  prepare,  print  and  distribute 
books,  maps,  charts  and  pamphlets  which  in  its  judgment 
will  further  the  purposes  for  which  it  is  created.  In  carrying 
out  the  provisions  of  this  act  the  commission  may  appoint 
such  experts,  clerks  and  employees  as  it  may  require;  pro- 
vided, that  said  appointees  shall  not  be  subject  to  the  provi- 
sions of  chapter  thirty-one  of  the  General  Laws.  The  com- 
mission shall  report  quarterly  in  writing  of  its  progress  to 
the  mayor  and  to  the  city  council.  Copies  of  said  report 
shall  be  filed  with  the  city  clerk  and  the  director  of  accounts, 
and  shall  be  open  for  public  inspection.  Members  of  the 
commission  or  its  authorized  agents  may  travel  within  or 
without  the  commonwealth  for  the  purpose  of  carrying  out 
the  provisions  of  this  act.  Appointments  and  money  ex- 
pended hereunder  shall  be  under  the  direction  of  the  mayor 
and  city  council  in  accordance  with  its  charter. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Avvroved  April  7,  1952. 


Chap. 217  An  Act  placing  the  office  of  veterans'  agent  and 

DIRECTOR  OF  VETERANS*  SERVICES  IN  THE  TOWN  OF  CLINTON 
UNDER   THE   CIVIL   SERVICE   LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  ofiice  of  veterans'  agent  and  director  of 
veterans'  services  in  the  town  of  CUnton  shall,  upon  the  effec- 
tive date  of  this  act,  become  subject  to  the  civil  service  laws 
and  rules,  and  the  tenure  of  office  of  any  incumbent  thereof 
shall  be  unlimited,  subject,  however,  to  said  laws.  The  in- 
cumbent of  said  office  on  said  effective  date  shall  be  subjected 
by  the  division  of  civil  service  to  a  quaUfying  examination, 
and  if  he  passes  said  examination  he  shall  be  certified  for 
said  office  and  shall  be  deemed  to  be  permanently  appointed 
thereto  without  being  required  to  serve  any  probationary 
period. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  7,  1952. 


Chap. 218  An  Act  authorizing  the  city  of  lowell  to  pay  a  sum 

OF   MONEY   TO    MAURICE   LAMBERT   OF   SAID    CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral 
obUgation,  the  city  of  Lowell  may  pay  to  Maurice  Lambert 
of  said  city  the  sum  of  seventeen  hundred  and  forty-six 


Acts,  1952.  — Chaps.  219,  220.  127 

dollars  and  eighty-six  cents  to  reimburse  him  for  hospital, 
medical  and  other  expenses  incurred  by  him  on  account  of 
injuries  received  by  his  minor  daughter  in  the  gymnasium 
of  the  high  school  of  said  city. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  7,  1952. 


An  Act  increasing  the  amount  which  the  town  of  ayer  Chav.219 

MAY     BORROW     FOR     SEWERAGE     AND     SEWAGE     DISPOSAL 
PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  300  of  the  acts  of  1949  is  hereby 
amended  by  striking  out  section  4  and  inserting  in  place 
thereof  the  following  section:  —  Section  4.  For  the  purpose 
of  paying  the  necessary  expenses  and  habiUties  incurred 
under  this  act,  said  town  may,  from  time  to  time,  borrow 
such  sums  as  may  be  necessary,  not  exceeding,  in  the  aggre- 
gate, two  hundred  and  thirty-three  thousand  dollars,  and 
may  issue  bonds  or  notes  of  the  town  therefor,  which  shall 
bear  on  their  face  the  words,  Ayer  Sewer  Loan,  Act  of  1949. 
Each  authorized  issue  shall  constitute  a  separate  loan.  In- 
debtedness under  this  act  shall  be  in  excess  of  the  statutory 
limit,  but  shall,  except  as  provided  herein,  be  subject  to  the 
provisions  of  chapter  forty-four  of  the  General  Laws,  in- 
cluding the  limitations  contained  in  the  first  paragraph  of 
section  seven  thereof. 

Section  2.  Action  taken  under  this  act  at  the  annual 
town  meeting  held  in  the  current  year  shall  be  as  effective 
as  though  this  act  had  been  in  full  force  and  effect  at  the 
time  the  warrant  for  said  meeting  was  posted. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  7,  1952. 


An  Act  relative  to  the  north  sagamore  water  district.  (7/j(jr).220 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  Chapter  290  of  the  acts  of  1939  is  hereby 
amended  by  striking  out  section  7  and  inserting  in  place 
thereof  the  following  section:  —  Section  7.  Whenever  an 
appropriation  has  been  duly  voted  by  said  district  for  the 
purposes  of  this  act,  a  certified  copy  of  the  vote  with  the 
apportionment  made  shall  be  rendered  by  the  clerk  to  the 
assessors  of  the  towns  of  Bourne  and  Sandwich,  who  shall 
assess  the  apportionment  for  each  town  in  the  same  manner 
in  all  respects  in  which  town  taxes  are  required  by  law  to 
be  assessed;  provided,  that  no  estate  shall  be  subject  to 
any  tax  assessed  on  account  of  the  system  of  water  supply 
under  this  act,  if,  in  the  judgment  of  the  board  of  water 
commissioners  hereinafter  provided  for,  after  a  hearing,  due 
notice  of  which  shall  have  been  given,  such  estate  is  so 


128  Acts,  1952.  — Chap.  221. 

situated  that  it  can  receive  no  aid  in  the  extinguishment  of 
fire  from  the  said  system  of  water  supply,  or  receive  no 
benefit  in  fire  insurance  grading  therefrom,  or  both,  or  if 
such  estate  is  so  situated  that  the  buildings  thereon,  or  the 
buildings  that  might  be  constructed  thereon,  could  not  be 
supplied  with  water  from  said  system  in  any  ordinary  or 
reasonable  manner;  but  all  other  estates  in  said  district 
shall  be  deemed  to  be  benefited  and  shall  be  subject  to  the 
tax.  A  certified  Ust  of  the  estates  exempt  from  taxation 
under  the  provisions  of  this  section  shall  annually  be  sent 
by  the  board  of  water  commissioners  hereinafter  provided 
for  to  the  assessors,  at  the  same  time  at  which  the  clerk  shall 
send  a  certified  copy  of  the  vote  as  aforesaid.  The  assess- 
ment shall  be  committed  to  the  town  collector,  who  shall 
collect  said  tax  in  the  manner  provided  by  law  for  the  col- 
lection of  town  taxes,  and  shall  deposit  the  proceeds  thereof 
with  the  district  treasurer  for  the  use  and  benefit  of  said 
district.  Said  district  may  collect  interest  on  overdue  taxes 
in  the  manner  in  which  interest  is  authorized  to  be  collected 
on  town  taxes. 

Section  2.  This  act  is  enacted  for  the  sole  purpose  of 
permitting  taxes  to  be  raised  by  the  towns  of  Bourne  and 
Sandwich  for  their  proportionate  share  of  the  appropriation 
duly  voted  by  the  said  North  Sagamore  Water  District, 
established  by  chapter  two  hundred  and  ninety  of  the  acts 
of  nineteen  hundred  and  thirty-nine,  and  is  to  be  construed 
as  a  continuation  of  the  provisions  of  said  act  and  not  a  new 
enactment  except  as  herein  provided. 

Section  3.  This  act  shall  take  effect  as  of  the  first  day 
of  January,  nineteen  hundred  and  fifty-two. 

Approved  April  7,  1952. 

Chap. 221  An  Act  establishing  the  number  of  signatures  re- 
quired FOR  NOMINATION  TO  STATE-WIDE  OFFICES. 

prTambie"^  Whereas,  The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  require  the  number  of 
signatures  provided  thereby  effective  at  the  nominations 
to  be  held  in  the  current  year,  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

G.L.  (Ter.  Chapter  53  of  the  General  Laws  is  hereby  amended  by 

§  44.'  etc..         striking  out  section  44,  as  most  recently  amended  by  section 

amended.         g  ^f  chapter  337  of  the  acts  of  1941,  and  inserting  in  place 

Number  of       thercof  the  following  section :  —  Section  44-    The  nomina- 

r'eq"u'ired7or       tion  of  Candidates  for  nomination  at  state  primaries  shall 

toTt^te-'°"       b®  ^y  nomination  papers.    In  the  case  of  offices  to  be  filled 

wide  offices.       by  all  the  voters  of  the  commonwealth  such  papers  shall  be 

signed  in  the  aggregate  by  at  least  twenty-five  hundred 

voters,  not  more  than  five  hundred  of  the  total  number 

required  to  be  credited  to  any  one  county.     Such  papers 


Acts,  1952.  —  Chaps.  222,  223.  129 

for  all  other  offices  to  be  filled  at  a  state  election  shall  be 
signed  by  a  number  of  voters  equal  in  the  aggregate  to  five 
voters  for  each  ward  and  each  town  in  the  district  or  county, 
but  in  no  case  shall  more  than  two  hundred  and  fifty  be 
required.  Approved  April  7,  1952. 

An  Act  relative  to  the  disposal  of  slash  from  lumber-  Chap. 222 

ING  operations. 

Be  it  enacted,  etc.,  as  follows: 

Section  16  of  chapter  48  of  the  General  Laws,  as  amended  Edo,.!? §i6. 
by  section  1  of  chapter  103  of  the  acts  of  1943,  is  hereby  etc.. 'amended! 
further  amended  by  adding  at  the  end  the  following :  — ,  and 
all  slash  resulting  from  such  cutting  operations  shall  be  cut 
and  scattered  in  such  a  manner  as  to  minimize  the  danger 
from  fire,  — so  as  to  read  as  follows:  —  Section  16.     Every  Disposal  of 
owner,  lessee,  tenant  or  occupant  of  lands  or  of  any  rights  or  fu^berin™ 
interests  therein,  except  electric,  telephone  and  telegraph  operations, 
companies,  who  cuts  or  permits  the  cutting  of  brush,  wood  ^^^ 
or  timber  on  lands  which  border  upon  woodland  of  another, 
or  upon  a  highway  or  railroad  location,  shall  dispose  of  the 
slash  caused  by  such  cutting  in  such  a  manner  that  the 
same  will  not  remain  on  the  ground  within  forty  feet  of  any 
woodland  of  another,  or  of  any  highway  or  railroad  location, 
and  all  slash  resulting  from  such  cutting  operations  shall  be 
cut  and  scattered  in  such  a  manner  as  to  minimize  the 
danger  from  fire.  Approved  April  7,  1952. 

An  Act  permitting  certain  towns  to   revoke  their  Chav.22'^ 

ACCEPTANCE   OF   CERTAIN   SPECIAL   ACTS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  4  of  the  General  Laws  is  hereby  amended  by  in-  g  l.  (Ter. 
serting  after  section  4  the  following  section:  —  Section  J^A.  §4a,  added. 
At  any  time  after  the  expiration  of  three  years  from  the  date  Revocation  of 
on  which  any  special  act  of  the  general  court  has  been  ac-  fowTJ^or^  ^ 
cepted  by  the  voters  of  a  town,  and  not  less  than  ninety  days  authorized^' 
before  the  date  of  an  annual  meeting,  a  petition  signed  by 
not  less  than  ten  per  cent  of  the  registered  voters  of  the  town 
may  be  filed  with  the  selectmen,  requesting  that  the  question 
of  revoking  the  acceptance  of  any  special  act  be  submitted 
to  the  voters.     Thereupon  the  selectmen  shall  cause  the  Question  to  be 
question  of  revocation  of  the  acceptance  of  such  special  act  Ctfidai  baiiot. 
to  be  placed  on  the  ballot  at  the  next  annual  election.    At 
said  election  the  vote  shall  be  taken  in  answer  to  the  follow- 
ing question,  which  shall  be  placed  on  the  official  ballot  to 
be  used  for  the  election  of  town  officers:  —  "Shall  the  ac- 
ceptance by  the  town  of  of  an  act  passed 
by  the  General  Court  in  the  year         ,  being  chapter 
of  the  acts  of                 ,  entitled  'An  Act  providing 
in  the  town  of                         '  be  revoked?"    If  such  revo- 
cation is  favored  by  a  majority  of  the  voters  voting  thereon 


130  Acts,  1952.  —  Chaps.  224,  225. 

by  ballot,  the  acceptance  of  said  act  shall  be  revoked  and 
said  act  shall  become  null  and  void  beginning  with  the  first 
day  of  the  month  next  following  said  revocation.  This 
section  shall  not  apply  in  towns  having  a  population  in 
excess  of  fifteen  thousand  inhabitants,  nor  shall  it  apply  to 
any  acceptance  by  a  town  authorizing  but  not  requiring  it 
to  act  in  any  manner,  to  any  action  taken  under  chapter 
thirty-one  or  thirty-two,  to  any  special  act  in  which  other 
provision  is  made  for  revocation,  to  any  special  act  which 
authorizes  the  making  of  a  capital  outlay  or  public  improve- 
ment, nor  to  any  special  act  involving  participation  or  mem- 
bership in  a  district  including  a  regional  school  district.  No 
revocation  of  a  special  act  hereunder  shall  affect  in  any 
manner  any  contractual  rights,  civil  service  rights,  rights 
of  tenure,  or  pension  or  retirement  rights  arising  from  the 
provisions  of  such  special  act.        Approved  April  7,  1952^ 


Chap. 224.  An  Act  relative  to  the  effective  date  of  certain 

PENSION    increases    PAYABLE    TO    CERTAIN    FORMER     EM- 
PLOYEES  OF   THE   TOWN   OF   SCITUATE. 

Be  it  enacted,  etc.,  as  follows: 

The  provisions  of  chapter  eight  hundred  and  twenty  of 
the  acts  of  nineteen  hundred  and  fifty,  having  been  accepted 
by  the  voters  of  the  town  of  Scituate  at  a  special  town  meet- 
ing held  on  October  fifteenth,  nineteen  hundred  and  fifty- 
one,  shall  be  effective  in  said  town  as  of  January  first,  nine- 
teen hundred  and  fifty-one.  Approved  April  7,  1952. 


Chap.225  An  Act  authorizing  the  city  of  Worcester  to  appro- 
priate AND  PAY  A  SUM  OF  MONEY  TO  CERTAIN  PERSONS 
DOING  BUSINESS  UNDER  THE  NAME  OF  B.  N.  T.  SAND  & 
GRAVEL  COMPANY  OF  WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral 
obligation,  the  city  of  Worcester  is  hereby  authorized  to 
appropriate  and  pay  the  sum  of  six  thousand  and  seventy- 
one  dollars  and  fifty-two  cents  to  John  Nardella,  John  Buduo, 
Frank  Buduo  and  Augustine  J.  Triola,  doing  business  under 
the  name  of  B.  N.  T.  Sand  &  Gravel  Company  of  Worcester, 
for  labor  and  materials  furnished  by  said  company,  said  sum 
being  legally  unenforceable  against  said  city  by  reason  of 
the  fact  that  said  labor  and  materials  furnished  in  the  repairs 
and  construction  of  roads  in  said  city  were  not  included  in 
a  contract  entered  into  by  the  company  and  said  city. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  city  council  of  said  city,  subject  to  the 
provisions  of  its  charter,  but  not  otherwise. 

Approved  April  7,  1952. 


Acts,  1952.  —  Chaps.  226,  227,  228.  131 

An  Act  authorizing  the  city  of  Worcester  to  sell  a  Chav. 22Q 

CERTAIN    parcel    OF    LAND    ON    HOLDEN    STREET    IN    SAID 
CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Worcester  is  hereby  authorized 
to  sell  at  public  auction  to  the  highest  bidder  and  convey, 
free  and  clear  from  any  obligation  to  use  the  same  for  any 
public  purposes,  a  certain  parcel  of  land  located  on  Holden 
street  in  said  city  and  containing  about  twenty-two  thousand 
and  forty-six  square  feet,  presently  held  under  the  jurisdic- 
tion and  control  of  the  parks  and  recreation  commission. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
by  the  city  council  in  accordance  with  the  provisions  of 
the  city  charter.  Approved  April  7,  1952. 

An  Act  reviving  lynnfield  water  company  for  the  Qfidj)  227 
sole    purpose    of    selling    and    conveying    certain 

PROPERTY   and    DISTRIBUTING   THE    PROCEEDS   THEREOF. 

Whereas,  The  deferred  operation  of  this  act  would  delay  Emergency 
the  corporation  revived  thereby  in  resuming  the  exercise  preamWe. 
of  its  former  corporate  powers  to  the  extent  provided  thereby, 
therefore  it  is  hereby  declared  to  be  an  emergency  law,  neces- 
sary for  the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Lynnfield  Water  Company,  a  corporation  dissolved  by 
chapter  two  hundred  and  ninety-nine  of  the  acts  of  nineteen 
hundred  and  thirty-one,  is  hereby  revived  and  continued 
for  a  period  of  two  years  from  the  effective  date  of  this  act 
for  the  sole  purpose  of  selling  and  conveying  title  to  certain 
property  situated  in  the  town  of  Lynnfield,  and  of  distribut- 
ing the  proceeds  of  said  sale  among  those  entitled  thereto. 

Approved  April  12,  1952. 

An  Act  authorizing  the  commissioner  of  mental  health  QJidij  228 
TO  sell  certain  property  of  the  commonwealth  in 

THE  city  of  WORCESTER. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emwgency 
to  defeat  its  purpose,  which  is  to  provide  a  suitable  site  for 
the  construction  of  an  armory  by  the  United  States  govern- 
ment with  presently  available  federal  funds  to  be  used  in 
the  training  program  of  the  organized  reserve  corps  of  the 
United  States  army,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  approval  of  the  governor  and 
council,  the  commissioner  of  mental  health,  in  the  name  and 
on  behalf  of  the  commonwealth,  is  hereby  authorized  to 


preamble. 


132  Acts,  1952.  — Chap.  228. 

sell  or  transfer  to  the  United  States  government  for  the  sum 
of  one  dollar  and  other  considerations  a  portion  of  land 
situated  in  the  rear  of  Lake  avenue  in  the  city  of  Worcester, 
adjacent  to  land  authorized  to  be  sold  to  the  United  States 
government  by  chapter  two  hundred  and  ninety-eight  of 
the  acts  of  nineteen  hundred  and  fifty  and  chapter  seven 
hundred  and  ninety-six  of  the  acts  of  nineteen  hundred  and 
fifty-one,  said  tract  to  contain  a  frontage  of  approximately 
five  hundred  feet  along  the  said  land  previously  sold  to  the 
United  States  government,  with  a  depth  of  approximately 
one  hundred  and  fifteen  feet.  The  land  is  to  be  used  by  the 
United  States  government  for  the  erection  of  an  armory  to 
be  utilized  in  connection  with  the  training  program  of  the 
organized  reserve  corps  of  the  United  States  army.  This 
sale  or  transfer  is  to  be  subject  to  such  conditions  and  restric- 
tions for  the  benefit  of  the  Worcester  state  hospital  as  may 
seem  advisable  to  the  commissioner. 

Section  2.  Upon  the  completion  of  the  sale  or  transfer 
of  the  land  referred  to  in  section  one  of  this  act,  jurisdiction 
over  said  land  is  hereby  granted  and  ceded  to  the  United 
States  of  America,  but  upon  the  express  condition  that  the 
commonwealth  shall  retain  concurrent  jurisdiction  with 
the  United  States  of  America  in  and  over  said  land,  in  so 
far  that  all  civil  processes,  and  such  criminal  processes  as 
may  issue  under  the  authority  of  the  commonwealth  against 
any  person  or  persons  charged  with  crimes  committed  with- 
out said  land  and  all  processes  for  collection  of  taxes  levied 
under  authority  of  the  laws  of  the  commonwealth,  including 
the  service  of  warrants,  may  be  executed  thereon  in  the 
same  manner  as  though  this  cession  had  not  been  granted; 
provided,  that  the  jurisdiction  in  and  over  the  land  above 
described  shall  revert  to  and  revest  in  the  commonwealth 
whenever  such  areas  shall  cease  to  be  used  for  the  purposes 
set  forth  in  section  one;  and  provided,  further,  that,  in  the 
event  that  the  United  States  government  fails  to  com- 
mence the  erection  of  said  armory  on  or  before  July  thirty- 
first,  nineteen  hundred  and  fifty-two,  said  land  shall  revert 
to  and  revest  in  the  commonwealth. 

Section  3.     Section  2  of  chapter  298  of  the  acts  of  1950 

is  hereby  amended  by  striking  out,  in  lines  18  and  19,  the 

words  "within  two  years  after  the  effective  date  of  this  act" 

.  and  inserting  in  place  thereof  the  words :  —  on  or  before 

July  thirty-first,  nineteen  hundred  and  fifty-two. 

Section  4.  Section  2  of  chapter  796  of  the  acts  of  1951 
is  hereby  amended  by  striking  out,  in  lines  18  and  19,  the 
words  "within  two  years  after  the  effective  date  of  this  act" 
and  inserting  in  place  thereof  the  words :  —  on  or  before 
July  thirty-first,  nineteen  hundred  and  fifty-two. 

Approved  April  12,  1952. 


Acts,  1952. —  Chaps.  229,  230,  231.  133 


An  Act  providing  for  the  appointment  of  two  mes-  Chap. 229 

SENGERS    FOR    THE    COURT    OF    PROBATE    AND    INSOLVENCY 
IN  HAMPDEN  COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  217  of  the  General  Laws  is  hereby  o.  l.  (Ter. 
amended  by  striking  out  section  32A,  as  appearing  in  the  f  a^V^^' 
Tercentenary  Edition,  and  inserting  in  place  thereof  the  amended. 
following  section:  —  Section  32 A.     The  judges  of  probate  Messengers 
for  Hampden  county  may  appoint  two  messengers  for  the  c^uft "n"**^ 
court  of  probate  and  insolvency  for  said  county,  may  remove  ^^^'Jjpf®'* 
them  at  their  pleasure,  and  may  fill  vacancies  caused  by  anthoVizea. 
removal  or  otherwise.    Said  messengers  shall  wait  upon  said 
court  and  perform  such  duties  as  the  judges  may  direct, 
including  duty  as  court  officers  of  said  court.    They  shall, 
while  in  attendance  on  said  court,  wear  uniforms,  such  as 
the  court  shall  order,  to  be  furnished  at  the  expense  of  said 
county. 

Section  2.     This  act  shall  take  effect  upon  its  passage.      Effective 

Approved  April  12,  1952.      ****^- 

An  Act  authorizing  the  north  raynham  water  district  (7/i(27).230 

TO  REFUND  CERTAIN  INDEBTEDNESS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  North  Raynham  Water  District,  es- 
tablished by  chapter  four  hundred  and  eighty-three  of  the 
acts  of  nineteen  hundred  and  forty-nine,  is  hereby  authorized 
to  refund  for  a  period  not  beyond  November  first,  nineteen 
hundred  and  fifty-six,  eight  thousand  dollars  of  an  outstand- 
ing loan  of  ten  thousand  dollars  borrowed  on  a  note  dated 
November  first,  nineteen  hundred  and  fifty,  and  maturing 
November  first,  nineteen  hundred  and  fifty-two,  issued 
under  chapter  forty-four  of  the  General  Laws  for  the  purpose 
of  paying  a  part  of  the  cost  of  construction  of  its  water  system, 
and  to  issue  notes  therefor  which  shall  bear  on  their  face  the 
words  North  Raynham  Water  District  Refunding  Loan, 
Act  of  1952. 

Indebtedness  incurred  under  this  act  shall  be  subject  to 
the  provisions  of  chapter  forty-four  of  the  General  Laws 
pertaining  to  such  districts. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  12,  1952. 

An  Act  permitting  the  city  of  lawrence  to  reinstate  Qjion  231 

timothy    M.    RILEY    AS    AN    EMPLOYEE    OF    THE    WELFARE 
DEPARTMENT  FOR  THE  PURPOSE  OF  RETIREMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  provision  of  the  law  to  the  contrary 
notwithstanding,  the  city  of  Lawrence  may  reinstate  Timothy 
M.  Riley  as  an  employee  of  the  welfare  department  of  said 


134 


Acts,  1952.  — Chap.  232. 


city  for  the  purpose  of  retirement  only.     Upon  such  rein- 
statement, said  Timothy  M.  Riley  shall,  upon  his  applica- 
tion, be  retired  under  paragraph  (a)  of  subdivision  (2)  of 
section  five  of  chapter  thirty-two  of  the  General  Laws. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  12,  1952. 


Chap. 232  An  Act  relative  to  the  taxation  of  personal  property 
OF  certain  public  utility  companies. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  59. 
§  5,  etc., 
amended. 


Taxation  of 
personal 
property  of 
certain  publie 
utility 
companies. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  make  effective  at  once  its 
provisions  relative  to  the  taxation  of  personal  property  of 
certain  public  utility  companies,  therefore  it  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows. • 

Section  1.  Clause  Sixteenth  of  section  5  of  chapter  59 
of  the  General  Laws,  as  most  recently  amended  by  chapter 
732  of  the  acts  of  1949,  is  hereby  further  amended  by  insert- 
ing after  the  word  "twenty-three",  in  line  10,  the  words:  — 
,  section  fifty-two  A,  —  so  as  to  read  as  follows :  — 

Sixteenth,  Property,  other  than  real  estate,  poles,  under- 
ground conduits,  wires  and  pipes,  and  other  than  machinery 
used  in  manufacture  or  in  supplying  or  distributing  water, 
owned  by  Massachusetts  savings  banks  or  co-operative 
banks,  by  Massachusetts  corporations  subject  to  taxation 
under  chapter  sixty-three  except  domestic  business  cor- 
porations as  defined  in  section  thirty  of  said  chapter  or 
domestic  manufacturing  corporations,  as  defined  in  section 
thirty-eight  C  of  said  chapter,  or  by  foreign  corporations 
subject  to  taxation  under  section  twenty,  section  twenty- 
three,  section  fifty-two  A  or  section  fifty-eight  of  said  chapter; 
provided,  that,  in  the  case  of  property  owned  by  foreign 
corporations  subject  to  taxation  under  said  section  twenty 
or  under  said  section  twenty-three,  the  laws  of  the  state  of 
incorporation,  or,  in  the  case  of  foreign  corporations  of 
other  nations,  the  laws  of  the  state  where  they  have  elected 
to  establish  their  principal  office  in  the  United  Sta,tes,  grant 
similar  exemption  from  taxation  of  tangible  property  owned 
by  like  corporations  organized  under  or  created  by  the  laws 
of  the  commonwealth;  also  property,  other  than  real  estate, 
poles,  underground  conduits,  wires  and  pipes,  and  other 
than  machinery  used  in  the  conduct  of  the  business,  owned 
by  domestic  business  corporations  or  by  foreign  corporations, 
as  defined  in  section  thirty  of  chapter  sixty-three;  also 
property,  other  than  real  estate,  poles,  underground  conduits, 
wires  and  pipes,  owned  by  domestic  manufacturing  cor- 
porations, as  defined  in  section  thirty-eight  C  of  said  chapter, 
or  by  foreign  manufacturing  corporations,  as  defined  in 
section  forty-two  B  of  said  chapter;  provided,  that  the 
term  "machinery  used  in  the  conduct  of  the  business"  shall 


Acts,  1952.  — Chap.  233  135 

not,  as  herein  used,  be  deemed  to  include  stock  in  trade  and 
that  the  classification  by  the  commissioner  of  domestic 
business  corporations  and  foreign  corporations,  as  defined  in 
section  thirty  of  chapter  sixty-three,  of  domestic  manu- 
facturing corporations,  as  defined  in  section  thirty-eight  C 
of  said  chapter,  and  of  foreign  manufacturing  corporations, 
as  defined  in  section  forty-two  B  of  said  chapter,  shall  be 
followed  in  the  assessment  under  this  chapter  of  machinery 
used  in  the  conduct  of  the  business;  and,  provided  further, 
that  exemption  under  this  clause  shall  not  extend  to  a 
corporation  subject  to  the  provisions  of  section  three  of 
chapter  one  hundred  and  eighty-one,  if  such  corporation 
has  failed  to  comply  with  said  provisions. 

Section  2.     This  act  shall  take  effect  as  of  January  first,  Efrective 
nineteen  hundred  and  fifty-two. 

Approved  April  12,  1952. 

An  Act  establishing  harvard  church  and  authorizing  pi       ^00 

THE  transfer  OF  CERTAIN  PROPERTY  BY  HARVARD  CON-  ^'^^P'^^^ 
GREGATIONAL  society  of  BROOKLINE  to  SAID  HARVARD 

church. 
Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Harvard  Church,  a  voluntary  religious  as- 
sociation, and  the  Harvard  Congregational  Society  of  Brook- 
Une,  an  incorporated  religious  society  incorporated  under 
general  law,  both  situated  in  Brookline,  upon  acceptance  of 
this  act  by  a  two  thirds  vote  of  the  members  of  each  of  said 
respective  organizations  present  and  voting  at  meetings 
called  by  each  of  said  respective  organizations  for  the  pur- 
pose, and  by  the  recording  with  the  secretary  of  the  common- 
wealth and  in  the  registry  of  deeds  for  the  county  of  Norfolk 
of  certificates  of  said  votes,  duly  made  and  sworn  to  by  the 
respective  clerks  of  said  meetings,  shall  hereafter  be  a  cor- 
poration by  the  name  of  Harvard  Church.  Said  Harvard 
Church  shall  have  all  the  powers,  rights,  franchises  and 
privileges  which  the  said  voluntary  religious  association  and 
the  members  of  said  Harvard  Congregational  Society  of 
Brookline  have  heretofore  acquired  or  enjoyed  by  statute, 
vote,  gift,  grant,  usage,  prescription  or  otherwise,  and  subject 
to  all  the  duties  and  liabilities  to  which  the  said  voluntary 
religious  association  and  said  members  have  heretofore  been 
subject.  Said  Harvard  Church  shall  have,  except  as  may 
be  provided  otherwise  in  this  act,  all  the  rights,  powers  and 
privileges,  and  be  subject  to  all  the  duties  and  liabilities,  of 
religious  corporations  instituted  under  general  law;  and 
upon  acceptance  of  this  act  as  aforesaid,  all  members  of  said 
voluntary  association  and  of  said  Harvard  Congregational 
Society  of  Brookline  shall  be  members  of  said  new  corpora- 
tion, Harvard  Church. 

Section  2.  The  corporation  created  by  section  one  is 
hereby  authorized  to  receive  and  hold,  or  disburse  for  re- 
ligious, benevolent  and  charitable  purposes,  gifts,  grants, 


136  Acts,  1952.  — Chap.  233. 

bequests  and  devises  of  real  and  personal  property  to  an 
amount,  exclusive  of  all  buildings  and  the  land  pertaining 
thereto,  occupied  or  used  by  it  for  said  purposes,  not  ex- 
ceeding the  sum  of  one  million  dollars,  with  full  power  to 
sell  and  convey,  in  accordance  with  the  terms  of  any  trust 
upon  which  the  same  is  held,  any  part  or  the  whole  of  its 
said  property,  including  said  land  and  buildings,  for  purposes 
of  investment  and  reinvestment,  for  the  improvement, 
alteration  or  relocation  of  any  of  its  said  buildings,  or  for 
benevolences  and  charities  and  upon  any  such  sale  the 
proceeds  thereof  shall  be  held  upon  the  same  trusts  upon 
which  the  property  thus  sold  was  held;  and  the  purchaser 
shall  not  be  responsible  for  the  appUcation  of  the  purchase 
money. 

Section  3.  At  any  time  after  the  acceptance  of  this  act, 
as  provided  in  section  one,  the  said  Harvard  Congregational 
Society  of  Brookline  and  said  voluntary  association,  or  either 
of  them  may,  by  a  two  thirds  vote  of  their  respective  mem- 
bers present  and  voting  at  meetings  called  for  the  purpose, 
authorize  one  or  more  persons  in  their  name  and  on  their 
behalf  to  execute,  acknowledge  and  dehver  proper  deeds 
and  other  instruments  conveying  and  transferring  in  fee 
simple  any  or  all  of  their  property,  real  and  personal,  except 
such  as  may  be  held  or  owned  by  them  for  or  in  connection 
with  specific  and  limited  charitable  uses  and  trusts,  to  the 
corporation  created  by  section  one.  Upon  the  acceptance 
of  said  conveyance  by  the  corporation  created  by  section 
one  by  a  two  thirds  vote  of  its  members  present  and  voting 
at  a  meeting  duly  called  for  the  purpose,  there  shall  be 
recorded  in  the  registry  of  deeds  in  the  county  of  Norfolk 
said  deed  and  other  instruments  of  transfer,  together  with 
certificates,  duly  made  and  sworn  to  by  the  clerks  of  said 
meetings,  respectively,  of  the  said  vote  authorizing  the  said 
conveyance  and  the  acceptance  thereof. 

Section  4.  At  any  time  after  the  acceptance  of  this  act, 
as  provided  in  section  one,  the  said  Harvard  Congregational 
Society  of  Brookline  and  the  said  voluntary  association,  or 
either  of  them,  as,  if  and  when  authorized  by  the  decree  of 
a  court  of  competent  jurisdiction,  may,  by  a  two  thirds  vote 
of  their  members  present  and  voting  at  meetings  called  for 
the  purpose,  convey  and  transfer  property,  real  and  personal, 
owned  or  held  by  them  for  or  in  connection  with  any  and 
all  specific  and  limited  charitable  uses  and  trusts  to  the 
corporation  created  by  section  one. 

Section  5.  The  property  conveyed  to,  or  vested  in,  the 
corporation  created  by  section  one,  under  the  provisions  of 
this  act,  shall  not,  after  such  conveyance  and  vesting,  be 
applied  or  apportioned  with  reference  to  the  source  or  the 
religious  body  aforesaid  from  which  it  was  derived  under 
the  provisions  of  this  act,  but  shall  be  administered  and 
applied  by  the  corporation  created  by  section  one,  for  its 
general  church  and  charitable  purposes  and  as  a  single 
consolidated  property  and  fund. 


Acts,  1952.  — Chap.  234.  137 

Section  6.  In  case  of  doubt  as  to  the  manner  in  which 
any  property,  held  in  trust  or  otherwise,  conveyed  to  or 
vested  in  the  corporation  created  by  section  one,  under  the 
provisions  of  this  act,  or  the  income  thereof,  should  be  held, 
administered  or  applied  by  the  said  corporation,  the  matter 
may  be  determined  by  the  supreme  judicial  court  upon  the 
application  of  any  person  interested  or  of  the  attorney 
general;  and,  until  said  court  shall  otherwise  order,  such 
property  and  the  income  thereof  shall  be  held,  administered 
and  applied  by  the  said  corporation  in  accordance  with  the 
terms  of  the  original  trusts  or  as  nearly  in  accordance  there- 
with as  is  possible.  Any  person  aggrieved  by  any  provision 
of  this  act  may,  at  any  time  within  six  months  after  the 
recording  of  such  of  the  various  deeds  or  other  instruments 
in  this  act  provided  for,  as  is  alleged  to  be  the  cause  of  such 
injury,  apply  by  petition  to  the  supreme  judicial  court  to 
have  his  damages  determined  by  a  jury  therein,  or  by  or 
under  the  direction  of  said  court;  and  damages  so  awarded, 
with  the  costs  of  suit  allowed  by  statute  in  civil  cases,  at- 
tending such  award,  shall  be  paid  by  the  corporation  created 
by  section  one. 

Section  7.  The  records  and  the  books  and  papers  of 
said  Harvard  Congregational  Society  of  BrookUne  and  of 
said  voluntary  association  shall  be  the  property  of  Harvard 
Church,  the  corporation  created  by  section  one,  which  shall 
consistently  herewith  have  and  enjoy  all  franchises,  powers 
and  privileges  of  every  kind  now  or  formerly  belonging  to 
said  society  and  said  association  and  shall  assume  and  be 
subject  to  all  the  debts  and  liabilities  thereof. 

Section  8.  After  the  acceptance  of  this  act  as  provided 
in  section  one,  all  gifts,  grants,  bequests  and  devises  made 
to  or  for  the  benefit  of  said  Harvard  Congregational  Society 
of  Brookline  and  of  said  voluntary  association,  however 
described,  shall  vest  in  the  corporation  formed  by  section  one. 

Section  9.  The  first  meeting  of  the  corporation  created 
by  section  one  shall  be  held  on  or  before  the  twentieth  day 
of  November,  nineteen  hundred  and  fifty-two. 

Section  10.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  12,  1952. 


An  Act  validating  the  acceptance  of  a  plan  e  form 
OF  charter  with  plurality  voting  by  the  voters  of 

the  city  of  GLOUCESTER  AT  THE  MUNICIPAL  ELECTION 
held  ON  DECEMBER  FOURTH,  NINETEEN  HUNDRED  AND 
FIFTY-ONE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  acceptance  of  a  Plan  E  form  of  charter 
with  pluraUty  voting  by  the  voters  at  the  municipal  election 
held  in  the  city  of  Gloucester  on  December  fourth,  nineteen 
hundred  and  fifty-one,  including  the  substance  and  form  of 
the  referendum  appearing  on  the  ofiicial  ballot,  is  hereby 
made  legal  and  vaUd. 


Chap.2S4: 


138  Acts,  1952.  — Chap.  234. 

Section  2.  Notwithstanding  any  provision  or  provisions 
of  sections  one  to  forty-five,  inclusive,  or  sections  ninety- 
three  to  one  hundred  and  sixteen,  inclusive,  of  chapter  forty- 
three  of  the  General  Laws,  or  the  provisions  of  any  other 
statute  dealing  with  proportional  representation  which  may 
indicate  otherwise,  the  city  of  Gloucester  shall  be  governed 
by  the  terms  of  a  Plan  E  form  of  charter  with  pluraUty 
voting  substituted  for  proportional  representation,  and 
with  nominations  of  candidates  for  officers  therein  being 
made  as  provided  in  section  six  of  chapter  fifty-three  of  the 
General  Laws,  on  and  after  January  first,  nineteen  hundred 
and  fifty-four,  a  city  council  of  nine  members  and  a  school 
committee  of  six  members  to  be  elected  according  to  law 
by  plurality  voting,  the  persons  receiving  the  nine  highest 
number  of  votes  to  be  declared  elected  members  of  the  city 
council,  and  the  persons  receiving  the  six  highest  number  of 
votes  to  be  declared  elected  to  the  school  committee,  without 
any  preliminary  election  to  be  held  before  the  election;  the 
persons  elected  to  take  office  on  said  date,  and,  except  as 
aforesaid,  their  terms  of  office,  salaries  to  be  established, 
powers,  duties,  organization,  meetings  and  all  other  matters 
concerning  them,  election  of  a  maj^or  by  the  city  council,  the 
duties  of  the  mayor,  the  appointment,  removal,  qualifications, 
duties,  rights  and  powers  of  a  city  manager  and  the  provisions 
relating  to  other  officers  and  employees  of  the  city,  to  be 
determined  in  accordance  with  the  provisions  made  therefor 
in  said  chapter  forty-three  relating  to  Plan  E  charters. 

Section  3.  No  provision  of  law  defining  proportional 
voting  to  be  a  distinguishing  part  or  necessary  attribute  of 
a  Plan  E  charter  shall  apply  to  the  form  of  Plan  E  charter 
adopted  by  the  voters  of  the  city  of  Gloucester  and  to  be  in 
effect  on  and  after  January  first,  nineteen  hundred  and 
fifty-four,  and  notwithstanding  any  provision  of  law  re- 
quiring a  preliminary  election  to  be  held  to  select  persons 
to  be  voted  on  at  the  election  to  elect  the  nine  members  of 
the  city  council  and  the  six  members  of  the  school  com- 
mittee, no  such  prehminary  election  shall  be  required  in  the 
city  of  Gloucester,  and  the  persons  to  be  voted  on  for  mem- 
bership in  the  city  council  and  in  the  school  committee  shall 
be  by  nomination  under  the  procedure  set  forth  in  section 
six  of  chapter  fifty-three  of  the  General  Laws. 

Section  4.  The  Plan  E  form  of  charter  outlined  in  the 
foregoing  sections,  possessing  all  the  attributes  of  the  statu- 
tory Plan  E  charter  except  by  substituting  plurality  voting 
for  proportional  voting,  and  dispensing  with  preliminary 
elections,  shall  continue  to  be  the  form  of  charter  for  govern- 
ing the  city  of  Gloucester  until  the  voters  of  said  city  shall 
adopt  another  form  of  charter  in  accordance  with  the  proce- 
dure and  provisions  of  chapter  forty-three  of  the  General 
Laws,  or  by  special  act  of  the  general  court. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  12,  1962. 


Acts,  1952. —  Chaps.  235,  236.  139 


An  Act  providing  for  the  payment  of  witness  fees  nhnj)  235 
TO  officers  of  the  division  of  state  police  in  certain         ^' 

cases. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  262  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
inserting  after  section  53 A,  inserted  by  chapter  455  of  the  new's^sfB, 
acts  of  1949,  the  following  section:  —  Section  53B.    Any  abided. 
officer  of  the  division  of  state  police,  appointed  under  section  t^'cerTain'^'^^ 
nine  A  of  chapter  twenty-two,  on  duty  at  night,  or  on  vaca-  p'^"ce  officers 
tion  or  furlough,  or  on  a  day  off,  who  attends  as  a  witness  oases 
in  a  civil  or  criminal  case  pending  in  a  district  court  or  in 
the  superior  court,  or  before  any  trial  justice,  shall  be  al- 
lowed a  witness  fee  in  the  amount  of  three  dollars  for  each 
day's  attendance  .except  his  first  attendance  as  arresting 
officer.  Approved  April  12,  1952. 


authorized. 


An  Act  creating  a  development  and  industrial  com-  Chan  236 

mission  in  the  city  of  BEVERLY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  any  general 
or  special  law  to  the  contrary,  the  city  of  Beverly  may  ap- 
propriate annually  for  a  period  of  three  years,  commencing 
in  the  year  nineteen  hundred  and  fifty-two,  a  sum  not  ex- 
ceeding twenty  thousand  dollars  in  any  one  year,  for  the 
purpose  of  creating  a  development  and  industrial  commis- 
sion for  the  promotion  and  development  of  the  industrial 
resources  of  the  city.  The  commission  shall  conduct  re- 
searches into  industrial  conditions  and  shall  seek  to  co-ordi- 
nate the  activities  of  unofficial  bodies  organized  for  said 
purposes,  and  may  advertise,  prepare,  print  and  distribute 
books,  maps,  charts  and  pamphlets  which  in  its  judgment 
will  further  the  purpose  for  which  it  is  created.  In  carrying 
out  the  provisions  of  this  act,  the  commission  may  appoint 
such  experts,  clerks  and  employees  as  it  may  require;  pro- 
vided, that  said  appointees  shall  not  be  subject  to  the  pro- 
visions of  chapter  thirty-one  of  the  General  Laws.  Members 
of  the  commission  or  its  authorized  agents  may  travel  within 
or  without  the  commonwealth  for  the  purpose  of  carrying 
out  the  provisions  of  this  act.  Appointments  and  money 
expended  hereunder  shall  be  under  the  direction  of  the 
mayor  and  board  of  aldermen  in  accordance  with  its  charter. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  board  of  aldermen  of  said  city, 
subject  to  the  provisions  of  its  charter,  but  not  otherwise. 

Approved  April  12,  1952. 


140  Acts,  1952.— Chaps.  237,  238. 

C hap. 2S7  An  Act  providing  for  the  creation  of  a  development 

AND  industrial  COMMISSION  FOR  THE  CITY  OF  PEABODY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  any 
general  or  special  law  to  the  contrary,  the  city  of  Peabody 
may  appropriate  annually  for  a  period  of  three  years  com- 
mencing in  the  current  year,  a  sum  not  exceeding  twenty 
thousand  dollars  in  any  one  year,  for  the  purpose  of  creating 
a  development  and  industrial  commission  for  the  promotion 
and  development  of  the  industrial  resources  of  said  city. 
The  commission  shall  conduct  researches  into  industrial 
conditions  and  shall  seek  to  co-ordinate  the  activities  of 
unofficial  bodies  organized  for  said  purposes,  and  may  adver- 
tise, prepare,  print  and  distribute  books,  maps,  charts  and 
pamphlets  which  in  its  judgment  will  further  the  purposes 
for  which  it  is  created.  In  carrying  out  the  provisions  of 
this  act  the  commission  may  appoint  such  clerks  and  other 
employees  as  it  may  require.  Members  of  the  commission 
or  its  authorized  agents  may  travel  within  or  without  the 
commonwealth  for  the  purpose  of  carrying  out  the  provisions 
of  this  act.  Appointments  and  money  expended  hereunder 
shall  be  under  the  direction  of  the  mayor  and  city  council  in 
accordance  with  its  charter. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  city  council  of  said  city,  subject  to 
the  provisions  of  its  charter,  but  not  otherwise. 

Approved  April  12,  1952. 

C hap. 2S8  An  Act  authorizing  the  city  of  westfield  to  pay  sums 

OF  money  to  WILLIAM  F.  DOUGHERTY,  ROBERT  J.  McGINN 
AND  JOHN  J.  MORAN  TO  REIMBURSE  THEM  FOR  EXPENSES 
CAUSED  BY  THEIR  REMOVAL  FROM  THE  POLICE  FORCE 
OF  SAID  CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Westfield,  notwithstanding  any 
statute  or  ordinance  to  the  contrary,  may  appropriate  and 
pay  to  William  F.  Dougherty  a  sum  not  exceeding  twenty- 
five  hundred  dollars,  may  pay  to  Robert  J.  McGinn  a  sum 
not  exceeding  two  thousand  dollars  and  may  pay  to  John  J. 
Moran  a  sum  not  exceeding  two  thousand  dollars  to  reimburse 
them  for  moneys  expended  for  counsel  fees  and  costs  in 
connection  with  their  appeal  to  the  district  court  and  other 
legal  work  caused  by  the  action  of  the  chief  of  police  in 
suspending  them  as  members  of  the  police  force  of  the  city 
of  Westfield,  which  appeal  resulted  in  a  reversal  of  the  find- 
ing of  said  police  chief  and  an  order  that  they  be  reinstated 
as  members  of  the  poUce  force. 

Section  2,  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  city  council  of  the  city  of  Westfield, 
subject  to  the  provisions  of  its  charter,  but  not  otherwise. 

Approved  April  12,  1952. 


Acts,  1952. —  Chaps.  239,  240.  141 


An  Act  authorizing  towns  to  appropriate  money  for  nhn-y)  o^Q 

THE   payment   of   PREMIUMS   FOR   GROUP   LIFE   INSURANCE  ^' 

FOR  ITS  PERMANENT  EMPLOYEES. 

Be  it  enacted^  etc.,  as  follows: 

Section  5  of  chapter  40  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  clause  (43),  inserted  by  chapter  ftt!'amended. 
1 18  of  the  acts  of  the  current  year,  the  following  clause :  — 

(44)  For  the  purpose  of  paying  part  of  the  premiums  for  Payment  of 
group  life  insurance  for  permanent  employees  under  the  g^oupllfl  ^"'^ 
provisions  of  sections  one  hundred  and  thirty-three  to  one  insuitance  for 
hundred  and  thirty-eight  A,  inclusive,  of  chapter  one  hundred  emptoyeesT" 
and  seventy-five.     The  amount  of  such  insurance  for  any  authorized, 
employees  whose  yearly  gross  compensation  is  less  than 
two  thousand  dollars  shall  not  exceed  one  thousand  dollars, 
and  for  any  employee  whose  yearly  gross  compensation  is 
two  thousand  dollars  or  more,  such  amount  shall  not  exceed 
two  thousand  dollars.     Any  increase  in  the  amount  of  in- 
surance made  possible  by  an  increase  in  compensation  shall 
take  effect  on  the  next  succeeding  poUcy  anniversary,  but  no 
reduction  in  the  amount  of  insurance  shall  be  required  on 
account  of  a  reduction  in  compensation.    Yearly  gross  com- 
pensation shall  not  include  any  overtime  pay,  and,  in  the 
case  of  hourly  workers,  shall  be  computed  on  the  basis  of 
scheduled  required  wc«-k  hours.    Fifty  per  cent  of  the  amount 
of  any  premium  thereon  shall  be  paid  by  the  town.     Any 
dividends  or  other  refunds  or  rate  credits  shall  inure  to  the 
benefit  of  the  town  and  shall  be  appUed  to  the  cost  of  such 
insurance.  Approved  April  12,  1952. 


An  Act  authorizing   the   restoration   of  a   certain 

PERSON    TO    the    ELIGIBLE    LIST    FOR    POLICE    OFFICERS    IN 
THE  CITY  OF  HOLYOKE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  director  of  civil  service  is  hereby  au- 
thorized and  directed,  at  the  request  of  the  mayor  of  the 
city  of  Holyoke,  to  restore  James  J.  Stack  to  the  existing 
eligible  list  for  police  entrance  service  in  the  pohce  depart- 
ment of  said  city  without  examination  and  in  accordance 
with  the  civil  service  laws  and  rules,  for  the  remainder  of 
the  period  of  eligibility  of  the  existing  eligible  Ust. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance, during  the  current  year,  by  vote  of  the  city  council 
of  said  city,  subject  to  the  provisions  of  its  charter,  but  not 
otherwise.  Approved  April  12,  1952. 


Chap.2^0 


142  Acts,  1952. —  Chaps.  241,  242,  243. 


Chap. 24:1  An  Act  authorizing  the  superior  court  to  designate 

A  PROBATION  OFFICER  TO  PERFORM  CERTAIN  DUTIES 
THROUGHOUT  THE  COMMONWEALTH,  AND  ESTABLISHING 
HIS  COMPENSATION. 

Be  it  enacted,  etc.,  as  follotvs: 

G.  L.  (Ter.  Section  83  of  chapter  276  of  the  General  Laws  is  hereby 

f  8'3,'e/c^,'         amended  by  inserting  after  the  sixth  sentence,  as  appearing 
amended.  [^  section  1  of  chapter  774  of  the  acts  of  1951,  the  following 

Designation      Sentence :  —  One  of  said  probation  officers  shall  be  desig- 
offfceT7or''*'°"    nated  by  the  court  to  perform  supervisory  and  other  duties 
suPFj'sory       relating  to  probation  matters  of  said  court  within  the  com- 
monwealth, and  he  shall  receive  from  the  commonwealth,  in 
Compensation,  addition  to  the  compensation  fixed  by  the  court  for  probation 
officers,  one  thousand  dollars  annually  for  such  services,  to- 
gether with  his  reasonable  expenses  incurred  in  the  per- 
formance of  such  services,  but  in  no  event  to  exceed  two 
hundred   and  fifty  dollars.  Approved  April  12,  1952. 


Chap. 242  An  Act  authorizing  the  city  of  lowell  to  increase 

THE  RETIREMENT  ALLOWANCE  OF  PATRICK  F.   FLANNERY. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  For  the  purpose  of  promoting  the  public 
good,  the  city  of  Lowell  is  hereby  authorized  to  increase  the 
retirement  allowance  of  Patrick  F.  Flannery,  a  former  em- 
ployee of  said  city,  to  twelve  hundred  and  eighty  dollars. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  city  council  of  said  city. 

Approved  April  12,  1952. 


Chap.243  An  Act  relative,  to  the  removal  of  ashes  and  refuse 

in    the    city    of   WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Worcester  shall  provide  for  the 
collection  and  disposal  of  ashes  and  refuse  from  all  dwelling 
houses,  places  of  business,  public  buildings,  institutions,  and 
other  premises  in  the  city,  in  accordance  with  any  ordinance 
or  ordinances  of  the  city  and  any  regulations  of  the  health 
department  relative  thereto;  provided,  that  such  collections 
shall  be  made  at  least  once  in  each  week  and  as  much  oftener 
as  the  city  may  by  ordinance  require;  and  provided,  further, 
that  the  city  may  by  ordinance  require  the  placing  of  such 
ashes  and  refuse  in  suitable  receptacles  on  sidewalks,  public 
or  private  ways,  or  other  convenient  places  for  collection. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
by  the  citj''  council  of  the  city  of  Worcester. 

Approved  April  12,  1952. 


Acts,  1952. —  Chaps.  244,  245.  143 


An  Act  relative  to  the  operation  of  unregistered  Cha7).24:4: 

MOTOR   vehicles   AND   TRAILERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  9  of  chapter  90  of  the  General  Laws,  as  amended  Edo.'oal's, 
by  chapter  283  of  the  acts  of  1941,  is  hereby  further  amended  etei.'amendert. 
by  striking  out  the  first  sentence  and  inserting  in  place 
thereof  the  following  sentence :  —  No  person  shall  operate,  operation  of 
push,  draw  or  tow  any  motor  vehicle  or  trailer,  and  the  owner  moTo?  vehicles 
or  custodian  of  such  a  vehicle  shall  not  permit  the  same  to  r"„'l,iatid'^^' 
be  operated,  pushed,  drawn  or  towed  upon  or  to  remain 
upon  any  way  except  as  authorized  by  section  three,  unless 
such  vehicle  is  registered  in  accordance  with  this  chapter 
and  carries  its  register  number  displayed  as  provided  in 
section  six,  and,  in  the  case  of  a  motor  vehicle,  is  equipped 
as  provided  in  section  seven,  except  that  any  motor  vehicle 
or  trailer  may,  if  duly  registered,  be  operated,  pushed,  drawn 
or  towed  upon  or  remain  upon  any  way  between  the  hours 
of  twelve  o'clock  noon  on  December  thirty-first  of  one  year 
and  twelve  o'clock  noon  on  January  first  of  the  following 
year  if  it  carries  its  register  number  of  either  year  displayed 
as  provided  in  section  six,  and  except  that  a  tractor,  trailer 
or  truck  may  be  operated  without  such  registration  upon 
any  way  for  a  distance  not  exceeding  one  half  mile,  if  said 
tractor,  trailer  or  truck  is  used  exclusively  for  agricultural 
purposes,  or  for  a  distance  not  exceeding  three  hundred 
yards,  if  such  tractor,  trailer  or  truck  is  used  for  industrial 
purposes  other  than  agricultural  purposes,  for  the  purpose 
of  going  from  property  owned  or  occupied  by  the  owner  of 
such  tractor,  trailer  or  truck  to  other  property  so  owned  or 
occupied;  but  violation  of  this  section  shall  not  constitute 
a  defence  to  actions  of  tort  for  injuries  suffered  by  a  person, 
or  for  the  death  of  a  person,  or  for  injury  to  property,  unless 
it  is  shown  that  the  person  injured  in  his  person  or  property 
or  killed  was  the  owner  or  operator  of  the  motor  vehicle  the 
operation  of  which  was  in  violation  of  this  section,  or  unless 
it  is  shown  that  the  person  so  injured  or  killed,  or  the  owner 
of  the  property  so  injured,  knew  or  had  reasonable  cause  to 
know  that  this  section  was  being  violated. 

Approved  April  12,  1952. 


An  Act  relative  to  the  validity  of  certain  federal  fhnj)  045 

TAX    liens.  ^' 

Be  it  enacted,  etc.,  as  folloios: 

Section  24  of  chapter  36  of  the  General  Laws,  as  appear-  g.  l.  (Ter. 
ing  in  the  Tercentenary  Edition,  is  hereby  amended  by  amendid.^  ^^' 
adding  at  the  end  the  following  sentence :  —  No  such  federal  validity  of 
Uen  shall  be  valid  against  any  person  other  than  the  person  tIx*?iL"ns!''^'^*' 
named  in  the  lien,  unless  such  lien  is  recorded,  in  the  case  of  regulated. 
real  property,  in  the  district  where  the  real  estate  is  located, 


144  Acts,  1952.  — Chaps.  246,  247. 

and  in  the  case  of  personal  property  in  the  office  of  the  clerk 
of  the  city  or  town  in  which  the  person  against  whom  a  lien 
is  filed  resides  or  has  his  usual  place  of  business. 

Approved  April  12,  1952, 

C hap. 24:Q  An  Act  relative  to  the  dissolution  of  certain  real 

ESTATE   ATTACHMENTS    BY   OPERATION   OF   LAW. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  339  of  the  acts  of  1945  is  hereby  amended  by 
striking  out  section  2  and  inserting  in  place  thereof  the  fol- 
lowing:—  Section  2.  An  attachment  of  land,  or  of  a  right 
or  interest  therein,  made  prior  to  August  twenty-third, 
nineteen  hundred  and  forty-five  shall,  unless  otherwise  dis- 
solved, expire  by  operation  of  law  on  June  thirtieth,  nineteen 
hundred  and  fifty-three,  unless  the  register  of  deeds  in  the 
county  or  district  where  said  land  or  some  part  of  it  is  situ- 
ated shall,  before  that  date,  at  the  written  request  of  the 
plaintiff  or  his  attorney  bring  forward  the  same  upon  the 
books  of  attachments.  Subsequent  bringing  forward  of  such 
attachments  and  all  fees  to  be  charged  for  bringing  forward 
attachments  shall  be  governed  by  section  one  hundred  and 
fourteen  A  of  chapter  two  hundred  and  twenty-three  of  the 
General  Laws.  Approved  April  12,  1952. 

Chap. 2^1  An    Act    authorizing    municipalities    to    appropriate 

MONEY  FOR  THE  PAYMENT  OF  CERTAIN  REASONABLE  EX- 
PENSES INCURRED  BY  OR  IN  BEHALF  OF  CERTAIN  SCHOOL 
PUPILS. 

prTambi°^^  Whcreas,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  authorize  mthout  delay 
the  appropriation  of  money  by  municipaUties  for  the  pay- 
ment of  certain  expenses  incurred  by  or  in  behalf  of  certain 
school  pupils,  therefore  it  is  hereby  declared  to  be  an  emer- 
gency law  necessary  for  the  immediate  preservation  of  the 
public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Ed.V.io.ls,         Section  1.    Section  5  of  chapter  40  of  the  General  Laws, 

etc.. 'amended,    as  amended,  is  hereby  further  amended  by  inserting  after 

clause  (40A),  inserted  by  chapter  525  of  the  acts  of  1947,  the 

following  clause :  — 

tionrfor'cer-         (40B)  For  the  payment,  by  providing  insurance  coverage 

tain  medical      or  othcrwise,  of  the  reasonable  hospital,  medical  and  surgical 

luthorfred.       expeuscs  incurred  by  or  in  behalf  of  any  student  in  any  of 

its  public  schools  by  reason  of  injury  sustained  by  him  while 

engaged  in  shop  or  laboratory  work  at  such  school.    Money 

so  appropriated  shall  be  expended  under  the  direction  of  the 

school  committee. 

Section  2.  Section  2A  of  chapter  224  of  the  acts  of  1936, 
inserted  by  section  1  of  chapter  334  of  the  acts  of  1948,  is 
hereby  amended  by  inserting  after  clause  (g)  the  following 
clause:  — 


Acts,  1952.  —  Chaps.  248,  249,  250.  145 

(gyQ  The  payment,  by  providing  insurance  coverage  or 
otherwise,  of  the  reasonable  hospital,  medical  and  surgical 
expenses  incurred  by  or  in  behalf  of  any  student  in  any  of 
the  pubhc  schools  of  said  city  by  reason  of  injury  sustained 
by  him  while  engaged  in  shop  or  laboratory  work  at  such 
school.  Approved  April  17,  1952. 

An  Act  providing  that  certain  officers  and  employees  QJidj)  248 

OF  THE  CITY  OF  LOWELL  MAY  BE  ALLOWED  CERTAIN  HOLI- 
DAYS  WITHOUT  LOSS  OF  PAY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  provision  of  any  gen- 
eral or  special  law  to  the  contrary,  the  city  council  of  the 
city  of  Lowell  may  by  ordinance  designate  such  legal  holi- 
days as  they  may  select,  which  hoUdays  so  selected  shall  be 
allowed  without  loss  of  pay  to  laborers,  workmen  and  me- 
chanics employed  by  said  city,  and  to  such  other  classes  or 
groups  of  employees  and  officers  of  said  city  as  said  city 
council  may  specify  in  such  ordinance. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  17,  1952. 

An    Act   authorizing    the    establishment,    equipment  /^^„„  040 

AND   maintenance  BY  THE  METROPOLITAN  DISTRICT  COM-  ^'*'(^V'^^^ 
MISSION  OF  PLAY  AREAS  ON  THE  STORROW  MEMORIAL  EM- 
BANKMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropoUtan  district  commission  is 
hereby  authorized  and  directed  to  construct,  and  to  equip 
with  such  structures  and  facilities  as  may  be  necessary  to 
provide  suitable  and  adequate  recreation,  play  areas  for 
children  along  the  new  Embankment  road  on  the  Storrow 
Memorial  Embankment  at  or  near  Granby  street  in  the  city 
of  Boston,  and  to  maintain  the  same.  For  such  purposes, 
said  commission  shall  expend  such  sums  as  may  be  available 
to  it  under  the  provisions  of  chapter  three  hundred  and  six 
of  the  acts  of  nineteen  hundred  and  forty-nine,  chapter  six 
hundred  and  eighty-five  of  the  acts  of  nineteen  hundred  and 
fifty,  or  any  appropriation  heretofore  or  hereafter  made. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  17,  1952. 

An  Act  abolishing  the  board  of  index  commissioners  ni.f,^  o^fl 

IN    the     county     of    SUFFOLK    AND    TRANSFERRING    THE  ^" 

POWERS  AND  DUTIES  OF  SAID  BOARD  TO  THE  REGISTER  OF 
DEEDS  IN  SAID  COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  28  of  chapter  36  of  the  General  Laws,  g.  l.  (Xer. 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  f^^AcEfd  *  ^^' 
by  striking  out,  in  line  1,  the  words  ",  except  in  Suffolk  *"""' 


146 


Acts,  1952.  — Chap.  251. 


Classified 
copies  of 
indexes. 


G.  L.  (Ter. 
Ed.),  36,  I  31, 
repealed. 
Powers  and 
duties  of 
board  of  index 
commissioners 
transferred. 


Effective 
date. 


county,", — so  as  to  read  as  follows:  —  Section  28.  Each 
register  shall  annually,  at  the  expense  of  the  county,  cause 
competent  persons  to  make  copies  of  the  indexes  of  the 
preceding  year,  in  which  the  grantors  and  grantees  shall  be 
classified  by  their  respective  surnames  in  alphabetical  order, 
and  arranged  thereunder  in  the  order  in  which  the  deeds  and 
other  conveyances  to  which  they  refer  were  left  for  record. 
He  may  also  cause  the  Christian  names  of  the  grantors  and 
grantees,  as  well  as  their  surnames,  to  be  arranged  in  alpha- 
betical order  in  such  lists.  Such  copies  shall  in  other  respects 
be  in  the  form  required  for  the  original  indexes. 

Section  2.  Section  31  of  said  chapter  36,  as  so  appearing, 
is  hereby  repealed. 

Section  3.  The  terms  of  office  of  the  members  of  the 
board  of  index  commissioners  in  office  immediately  prior 
to  the  efi"ective  date  of  this  act  shall  terminate  on  said  effec- 
tive date,  and  the  employees  of  said  board  on  said  effective 
date  assigned  to  work  hereafter  to  come  under  the  supervision 
of  the  register  of  deeds  in  Suffolk  county  as  provided  by  this 
act  shall  be  retained  by  said  register  for  said  work,  in  so  far 
as  said  register  deems  it  necessary  for  the  proper  exercise  and 
performance  of  the  powers  and  duties  transferred  to  him 
by  this  act. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  17,  1952. 


Chap 


,251  An  Act  relative  to  the  method  of  assessing  the  amount 

WHICH  the  commonwealth  MAY  BE  CALLED  UPON  TO 
PAY  THE  METROPOLITAN  TRANSIT  AUTHORITY  ON  ACCOUNT 
OF  A  DEFICIENCY  AS  OF  THE  LAST  DAY  OF  DECEMBER, 
NINETEEN  HUNDRED  AND  FIFTY-ONE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  seventh  paragraph  of  section  13  of 
chapter  544  of  the  acts  of  1947,  as  most  recently  amended  by 
section  1  of  chapter  323  of  the  acts  of  1951,  is  hereby  further 
amended  by  inserting  after  the  word  "fifty",  in  line  18,  the 
words :  —  or  on  account  of  a  deficiency  as  of  the  last  day  of 
December,  nineteen  hundred  and  fifty-one,  —  so  as  to  read 
as  follows :  — 

In  case  the  commonwealth  shall  be  called  upon  to  pay 
the  authority  any  amount  under  this  section  on  account  of 
a  deficiency  existing  as  of  the  last  day  of  December  in  the 
year  nineteen  hundred  and  forty-nine,  or  as  of  the  last  day  of 
December  in  any  year  thereafter,  such  amount,  with  interest 
or  other  charges  incurred  in  borrowing  the  money  for  the 
purpose,  shall  be  assessed  upon  the  cities  and  towns  consti- 
tuting the  authority  as  provided  by  section  twenty  of  chapter 
fifty-nine  of  the  General  Laws,  as  amended,  in  proportion 
to  the  number  of  persons  in  said  cities  and  towns  using  the 
service  of  the  authority  at  the  time  of  said  payment,  said 
proportion  to   be  determined  and  reported  to  the  state 


Acts,  1952.  —  Chaps.  252,  253.  147 

treasurer  by  the  trustees  from  computations  made  in  their 
discretion  for  the  purpose;  provided,  that  any  amount 
which  the  commonwealth  is  called  upon  to  pay  the  authority 
on  account  of  a  deficiency  as  of  the  last  day  of  December, 
nineteen  hundred  and  forty-nine  or  on  account  of  a  deficiency 
as  of  the  last  day  of  December,  nineteen  hundred  and  fifty 
or  on  account  of  a  deficiency  as  of  the  last  day  of  December, 
nineteen  hundred  and  fifty-one,  with  interest  and  other 
charges  inciured  in  borrowing  the  money  for  the  purpose, 
shall  be  assessed  upon  the  cities  and  towns  constituting  the 
authority  as  provided  by  section  twenty  of  chapter  fifty-nine 
of  the  General  Laws,  as  amended,  in  proportion  to  the 
amounts  paid  under  the  last  preceding  assessment  under 
section  fourteen  of  chapter  one  hundred  and  fifty-nine  of 
the  Special  Acts  of  nineteen  hundred  and  eighteen. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  17,  1952. 


An   Act   providing   for   nominations   by   preliminary  Qhn^  252 

ELECTIONS     OF     CANDIDATES     FOR     ELECTIVE     MUNICIPAL  ^' 

OFFICES  IN  THE  CITY  OF  FITCHBURG. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  Notwithstanding  any  provision  of  the  first 
paragraph  of  section  forty-four  H  of  chapter  forty-three  of 
the  General  Laws  to  the  contrary,  the  city  of  Fitchburg 
shall  nominate  by  preliminary  elections  candidates  for  elec- 
tive municipal  offices  in  said  city,  in  accordance  with  sections 
forty-four  A  to  forty-four  G,  inclusive,  of  said  chapter  forty- 
three. 

Section  2.  This  act  shall  be  submitted  to  the  registered 
voters  of  the  city  of  Fitchburg  at  the  biennial  state  election 
in  the  current  year  in  the  form  of  the  following  question 
which  shall  be  placed  upon  the  official  ballot  to  be  used  in 
said  city  at  said  election:  —  "Shall  an  act  passed  by  the 
General  Court  in  the  year  nineteen  hundred  and  fifty-two, 
entitled,  'An  Act  providing  for  nominations  by  preliminary 
elections  of  candidates  for  elective  municipal  offices  in  the 
city  of  Fitchburg,'  be  accepted?"  If  a  majority  of  the  votes 
in  answer  to  said  question  is  in  the  affirmative,  this  act  shall 
take  full  effect,  but  not  otherwise. 

Approved  April  17,  1952. 


An  Act  requiring  red  reflectors  on  certain  commer-  nhn'n  25S 

CIAL   MOTOR   VEHICLES   AND   TRAILERS.  p.^^OO 

Be  it  enacted,  etc.,  as  follows: 

Section  7  of  chapter  90  of  the  General  Laws,  as  most  g.  l.  fXpr. 
recently  amended  by  chapter  370  of  the  acts  of  1951,  is  fto:l'am;miI;i. 
hereby  further  amended  by  striking  out  the  eleventh  sen- 
tence and  inserting  in  place  thereof  the  following  sentence :  — 


148 


Acts,  1952. —  Chaps.  254,  255. 


vehioles  and 
trailers, 
retiuired . 


on'ienain*°"  Evcry  Commercial  motor  vehicle  or  trailer  weighing,  with 
commercial  its  load,  morc  than  twelve  thousand  pounds,  shall,  in  addi- 
tion to  such  rear  light,  be  equipped  with  a  red  reflector  of  a 
type  complying  with  such  minimum  standards  for  con- 
struction and  performance  as  the  registrar  may  prescribe,  so 
placed  at  the  rear  of  such  vehicle  as  to  reflect  rays  of  Ught 
thrown  upon  such  reflector  from  behind. 

Approved  April  17,  1952. 


Chap.254:  An  Act  further  regulating  the  dropping,  throwing, 

DEPOSITING   OR   PLACING   OF   CERTAIN   SUBSTANCES   LIKELY 
TO   CAUSE  A   FIRE. 


G.  L.  (Ter. 
Ed.),  148, 
§  54,  etc., 
amended. 


Penalty  for 
disposing  of 
articles  likely 
to  cause  fires. 


Be  it  enacted,  etc.,  as  follows: 

Section  54  of  chapter  148  of  the  General  Laws,  as  amended 
by  section  2  of  chapter  370  of  the  acts  of  1948,  is  hereby 
further  amended  by  inserting  after  the  word  ''land",  in 
line  3,  the  words :  —  or  open  fields,  —  so  as  to  read  as  fol- 
lows:—  Section  6^.  Whoever  drops  or  throAvs  from  any 
vehicle  while  the  same  is  upon  a  public  or  private  way  run- 
ning along  or  near  forest  land  or  open  fields,  or,  except  as 
permitted  by  law,  drops,  throws,  deposits  or  otherwise 
places  in  or  upon  forest  land,  any  hghted  cigarette,  cigar, 
match,  live  ashes  or  other  flaming  or  glowing  substance,  or 
any  substance  or  thing  which  in  and  of  itself  is  likely  to 
cause  a  fire,  shall  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars  or  by  imprisonment  for  not  more  than 
thirty  days.  Approved  April  17,  1952. 


Chap.255  An  Act   requiring   operators   of   commercial   motor 

VEHICLES  TO  GIVE  CERTAIN  INFORMATION  TO  INSPECTORS 
AND  EXAMINERS  OF  THE  COMMERCIAL  MOTOR  VEHICLE 
DIVISION. 

Be  it  enacted,  etc.,  a^  follows: 

Section  14B  of  chapter  159B  of  the  General  Laws,  inserted 
by  section  5  of  chapter  664  of  the  acts  of  1951,  is  hereby 
amended  by  striking  out,  in  line  4,  the  word  "the"  and  in- 
serting in  place  thereof  the  words:  —  address  and  the  name 
and,  —  so  as  to  read  as  follows :  —  Section  l^B.  Any  person 
who,  while  operating  or  in  charge  of  a  commercial  motor 
vehicle,  refuses,  when  requested  by  an  investigator  or  ex- 
aminer of  the  commercial  motor  vehicle  division,  to  give  his 
name  and  address  and  the  name  and  address  of  the  owner  of 
such  commercial  motor  vehicle,  or  who  gives  a  false  name  or 
address,  or  who  refuses  or  neglects  to  stop  when  signalled  by 
said  investigator  or  examiner  who  is  in  uniform  or  displays 
his  badge  conspicuously  on  the  outside  of  his  outer  coat  or 
garment,  or  fails  or  refuses  on  demand  of  such  investigator 
or  examiner  to  produce  his  Ucense  to  operate  such  vehicle, 
or  his  certificate  of  registration,  or  to  permit  such  investi- 


G.  L.  (Ter. 
Ed.),  159B, 
§  14B,  etc.. 
amended. 


Penalty  for 
refusal  to  give 
certain  infor- 
mation to 
motor  vehicle 
division. 


Acts,  1952.  —  Chaps.  256,  257.  149 

gator  or  examiner  to  take  the  license  or  certificate  in  hand 
for  the  purpose  of  examination,  or  refuses  on  demand  of  such 
investigator  or  examiner  to  sign  his  name  in  the  presence  of 
such  investigator  or  examiner,  shall  be  punished  by  a  fine  of 
not  less  than  twenty-five  dollars  nor  more  than  one  hundred 
dollars.  Approved  April  17,  1952. 

An  Act  relative  to  procedure  in  connection  with  the  Cha7}.256 

PARDONING   POWER. 

FJe  it  enacted,  etc.,  as  folloivs: 

Section  152  of  chapter  127  of  the  General  Laws  is  hereby  g- l-  (Ter. 
amended  by  striking  out  the  second  paragraph,  as  appearing  §  152/eto., 
in  chapter  42  of  the  acts  of  1951,  and  inserting  in  place  """"'^'ed. 
thereof  the  following  paragraph :  — 

The  commissioner  shall,  forthwith  upon  receipt  of  such  ,^''°on1iec*tion 
petition,  cause  copies  thereof,  together  with  copies  of  all  with  the 
statements  and  signatures  appended  thereto,  to  be  delivered  pow  °r°'r"egii- 
or  mailed  to  the  attorney  general,  the  district  attorney  in  ''*'^'*- 
whose  district  said  sentence  was  imposed,  the  chief  of  police 
of  the  municipality  where  the  crime  was  committed,  and  the 
parole  board.  Within  not  less  than  two  weeks  and  not  more 
than  six  weeks  from  the  date  of  said  delivery  or  mailing  the 
commissioner  shall  transmit  the  original  petition,  together 
with  all  statements  and  signatures  appended  thereto,  to  the 
governor,  together  with  his  written  recommendation  con- 
cerning said  petition.  The  attorney  general,  district  attorney, 
police  chief  and  the  parole  board  shall  each  forthwith,  upon 
receipt  from  the  commissioner  of  the  copy  of  the  said  peti- 
tion, file  with  the  governor  and  with  the  commissioner  their 
respective  written  recommendations  as  to  whether  or  not 
said  pardon  should  be  granted.  Said  recommendations 
shall  be  filed  with  the  commissioner  by  tendering  the  same 
in  person  or  by  mailing  the  same  by  registered  mail,  and 
upon  receipt  thereof  by  the  commissioner  such  recommenda- 
tions and  the  petition  to  which  they  relate  shall  thereupon 
become  a  matter  of  pubhc  record. 

Approved  April  17,  1952. 

An  Act  relative  to  the  withdrawal  from  co-opera-  CJiqj)  257 
tive  banks  of  shares  and  accounts  and  interest         ^" 
and  dividends  thereon. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^/^ambiT'' 
to  defeat  its  purpose,  which  is  to  allow  withdrawals  from 
co-operative  banks  of  the  interest  and  dividends  paid  or 
credited  upon  shares  or  accounts,  therefore  it  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  13  of  chapter  170  of  the  General  g^^^- {^"j  ^3 
Laws,  as  appearing  in  section  1  of  chapter  371  of  the  acts  of  etc., 'amended. ' 
1950,  is  hereby  amended  by  adding  at  the  end  of  paragraph 


150 


Acts,  1952.  — Chap.  257. 


Certain 
withdrawals 
from  co-opera- 
tive banks, 
regulated. 


G.  L.  (Ter. 

Ed.),  170,  §  17, 
etc.,  amended. 
Same  subject. 


Notice  of 
withdrawal. 


(d)  of  subsection  1  the  following  sentence :  —  In  the  event 
of  any  withdrawal  before  maturity  of  interest  or  dividends 
paid  or  credited  upon  serial  shares,  the  remaining  with- 
drawal value  of  such  shares  may,  unless  withdrawn  by  the 
holder,  be  transferred  by  the  corporation  into  paid-up  shares 
or  into  a  savings  share  account,  or  both. 

Section  2.  Said  chapter  170  is  hereby  further  amended 
by  striking  out  section  17,  as  so  appearing,  and  inserting 
in  place  thereof  the  following  section :  —  Section  1 7.  Shares 
and  accounts  and  interest  and  dividends  paid  or  credited 
thereon  shall  be  withdrawable  on  demand  subject  to  the 
provisions  of  this  section  and  of  other  applicable  provisions 
of  law,  and  the  full  value  thereof  shall  be  paid,  less  any 
charges  legally  incurred,  and  less  such  part,  if  any,  of  the 
profits  credited  to  shares  on  or  before  December  thirty-first, 
nineteen  hundred  and  fifty-one,  as  the  by-laws  may  prescribe. 

The  corporation  may  at  any  time  require  a  shareholder 
to  give  a  written  notice,  not  exceeding  ninety  days,  of  his 
intention  to  withdraw  the  whole  or  any  part  of  his  shares 
or  accounts  or  to  apply  for  a  share  loan,  and  if  such  notice 
is  required  of  ten  or  more  shareholders  in  any  one  day  it 
shall  be  deemed  a  general  requirement  and  reported  to  the 
commissioner  immediately.  The  board  of  directors,  with 
the  approval  of  the  commissioner,  or  the  commissioner  in 
his  discretion,  may  require  not  more  than  six  months'  notice 
of  intention  to  make  withdrawals  or  to  apply  for  share 
loans,  but  no  such  notice  shall  be  required  \\ath  respect  to 
shares  or  accounts  on  which  notice  already  shall  have  been 
filed  under  the  preceding  sentence.  Until  any  requirement 
of  notice  is  removed,  (a)  no  payments  on  account  of  with- 
drawals or  share  loans  shall  be  made  except  to  the  extent 
approved  by  the  commissioner  and  the  board  of  directors, 
and  except  in  the  order^of  the  expiration  of  the  notices; 
(6)  no  loans  except  share  loans  as  herein  hmited  shall  be 
made;  and  (c)  no  dividends  or  interest  shall,  until  the 
expiration  of  the  notice  period,  be  paid  in  cash  to  the  holders 
of  any  shares  or  accounts  on  which  notice  has  been  filed, 
but  shall  be  credited  thereto. 

The  directors  at  any  time  may  by  written  order,  without 
the  requirement  of  notice,  provide  that  not  more  than  one 
half  of  the  amount  of  cash  then  on  hand  and  in  banks  and 
one  half  of  the  funds  received  thereafter  until  such  order  is 
rescinded  shall  be  apphed  to  the  payment  of  the  demands  of 
withdrawing  or  borrowing  shareholders,  and  such  limitations 
shall  be  effective  until  the  rescission  of  such  order  by  vote 
of  the  board  of  directors  or  by  direction  of  the  commissioner. 

The  directors,  with  the  approval  of  the  commissioner, 
or  the  commissioner  in  his  discretion  if  he  deems  it  to  be  in 
the  best  interest  of  all  the  shareholders,  may  by  written 
order,  without  the  requirement  of  notice,  fix  a  maximum 
percentage  or  amount  which  may  be  paid  on  shares  and  ac- 
counts and  on  share  loans  at  any  one  time  or  during  any 
period  or  periods  specified  in  such  order. 


Acts,  1952.  —  Chaps.  258,  259.  151 

Notwithstanding  the  provisions  of  the  preceding  two 
paragraphs,  and  of  the  last  sentence  of  section  two,  and  of 
the  provision  contained  in  the  first  sentence  of  section  forty- 
six  for  the  reduction  of  liabiUty,  interest  or  dividends  paid 
or  credited  upon  shares  or  accounts  after  December  thirty- 
first,  nineteen  hundred  and  fifty-one  shall  be  withdrawable 
on  demand,  subject  only  to  such  notice  of  intention  to 
withdraw  as  from  time  to  time  may  be  required  in  accordance 
with  the  provisions  of  the  second  paragraph  of  this  section. 

Section  3.     This  act  shall  take  effect  as  of  January  Effective 
first,  nineteen  hundred  and  fifty-two.  *'"■ 

Approved  April  24,  1952. 

An  Act  authorizing  the  town  of  Pembroke  to  use  a  qJki^  258 
certain  portion  of  the  j.  j.  shepherd  memorial  forest         ^' 
for  the  erection  of  a  town  storage  building  and 
validating  a  deed  heretofore  made  by  the  selectmen 
conveying  a  portion  thereof. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Pembroke  is  hereby  authorized 
to  use  such  portion  of  the  town  forest  lot,  known  as  the 
J.  J.  Shepherd  Memorial  Forest,  adjacent  to  Mattakeesett 
street,  as  may  be  determined  by  the  committee  of  three 
appointed  under  Article  forty-two  of  the  annual  town  meet- 
ing held  on  March  third,  nineteen  hundred  and  fifty-two, 
for  the  erection  of  a  town  storage  building,  and,  after  said 
determination,  the  land  and  the  building  shall  be  under  the 
care  and  control  of  the  highway  surveyor. 

Section  2.  The  action  of  the  selectmen  in  executing 
and  delivering  to  Charles  M.  Sherman,  Theodore  A.  Sherman 
and  Allen  B,  Sherman  a  deed  dated  June  twenty-fourth, 
nineteen  hundred  and  forty-six,  and  recorded  with  Plymouth 
Deeds,  Book  nineteen  hundred  and  twenty-six.  Page  three 
hundred  and  eighteen,  conveying  a  parcel  of  land  containing 
twelve  acres  more  or  less  of  the  town  forest  lot,  known  as  the 
J.  J.  Shepherd  Memorial  Forest,  lying  westerly  from  Matta- 
keesett street,  is  hereby  validated  and  confirmed. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  April  24,  1952. 

An  Act  relative  to  salaries  of  mayors,  city  managers,  Qhnj)  059 

COUNCILLORS   AND   MEMBERS    OF   BOARDS    OF   ALDERMEN.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  39  of  the  General  Laws  is  hereby  g.  l.  (Xer. 
amended  by  inserting  after  section  6,  as  appearing  in  the  np't^'§^6A, 
Tercentenary  Edition,  the  following  section:  —  Section  6 A.  added. 
Notwithstanding  the  provisions,  of  any  city  charter  to  the  miyS  cLun- 
contrary  the  mayor  and  the  members  of  the  city  council  or  cuiors,  etc. 
other  legislative  body  of  a  city,  shall  receive  for  their  services 
such  salary  as  the  city  council  or  other  legislative  body  of 


152  Acts,  1952.  — Chap.  260. 

said  city  shall  by  ordinance  determine,  and  shall  receive  no 
other  compensation  from  the  city.  No  increase  or  reduction 
in  such  salaries  shall  take  effect  during  the  term  in  which 
such  increase  or  reduction  is  voted,  and  no  change  in  such 
ordinance  shall  be  made  between  the  election  of  a  new 
council  or  other  legislative  body  and  the  qualification  of  the 
new  council  or  other  legislative  body.  No  ordinance  provid- 
ing for  such  increase  or  decrease  in  said  salaries  shall  take 
effect  in  any  city  unless  it  is  approved  by  a  majority  of  the 
registered  voters  of  the  city  voting  thereon  at  the  next  regu- 
lar municipal  election. 
G.  L.  (Ter.  SECTION  2.     Chapter  43  of  the  General  Laws  is  hereby 

uta! added,  amended  by  inserting  after  section  17  the  following  section: 
Same  subject.  — Sectionl7A.  The  mayor  or  city  manager  and  the  mem- 
bers of  the  city  council  shall  receive  for  their  services  such 
salary  as  the  city  council  shall  by  ordinance  determine,  and 
they  shall  receive  no  other  compensation  from  the  city.  No 
increase  or  reduction  in  the  salaries  of  mayor  or  city  council- 
lors shall  take  effect  during  the  term  in  which  such  increase 
or  reduction  is  voted,  and  no  change  in  such  salaries  shall 
be  made  between  the  election  of  a  new  council  and  the 
quaUfication  of  the  new  council.  No  ordinance  providing 
for  such  increase  or  decrease  in  the  salaries  of  the  mayor  or 
the  members  of  the  city  council  shall  take  effect  unless  it 
is  approved  by  a  majority  of  the  registered  voters  of  the  city 
voting  thereon  at  the  next  regular  municipal  election. 
G.  L.  (Ter.  SECTION  3.     Said  chapter  forty-three  is  hereby  further 

62, 78^|'7^and^'  amended    by    striking    out    sections    fifty-one,    sixty-two, 
loi.  stricken      geveuty-eight,  eighty-seven  and  one  hundred  and  one. 
Subject  to  Section  4.      Notwithstanding   the   foregoing   provisions 

approval  by      of  this  act  any  city  on  or  before  August  fifteenth  in  the  year 
voters.  nineteen  hundred  and  fiity-two  may  by  ordinance  provide 

for  a  salary  increase  for  the  mayor  and  city  councillors. 
Such  ordinance  shall  be  placed  on  the  ballot  at  the  state 
election  to  be  held  in  the  year  nineteen  hundred  and  fifty- 
two  and  shall  take  effect  on  January  first  in  the  year  nine- 
teen hundred  and  fifty-three  if  approved  by  a  majority  of  the 
registered  voters  of  the  city  voting  thereon,  but  not  other- 
wise. Approved  April  24,  1952. 

C/iao.260  ^N  ^'^  relative  to  compensation  for  overtime  serv- 

ICE   IN   certain    cases   BY   POLICE   OFFICERS   OF  THE   CITY 
OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  1  of  chapter  426  of  the  acts  of  1949 
is  hereby  amended  by  inserting  after  the  word  "parade", 
in  line  6,  the  words :  — ,  marathon  race,  road  race  or  any 
public  celebration. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  vote  of  the  city  council  of  said  city,  subject  to  the 
provisions  of  its  charter,  but  not  otherwise. 

Approved  April  24,  1952. 


Acts,  1952.  — Chaps.  261,  262,  263.  153 


An  Act  providing  for  a  presumption  that  the  death  Chap.2Ql 
OF  a  certain  police  officer  in  the  city  of  boston 
occurred  in  line  of  duty. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purposes  of  section  eighty-nine  A 
of  chapter  thirty-two  of  the  General  Laws,  Manassah  E. 
Bradley,  Junior,  who,  while  a  police  officer  of  the  city  of 
Boston,  died  from  injuries  received  through  the  discharge 
of  his  police  revolver,  shall,  unless  the  contrary  be  sho\vn  by 
competent  evidence,  be  presumed  to  have  died  as  the  natural 
and  proximate  result  of  an  accident  occurring  while  he  was 
acting  in  the  performance  and  within  the  scope  of  his  duty. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
by  the  mayor  and  the  city  council  of  the  city  of  Boston. 

Approved  April  24,  1952. 


Chap.262 


An  Act  defining  the  term  "received"  as  used  in  the 
income  tax  law. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  62  of  the  General  Laws  is  hereby  amended  by  «•  l.  (Ter. 
adding  at  the  end,  under  the  heading  definition,  the  follow-  f  ei,'  add^* 
ing  section :  —  Section  61 .     Income  shall  be  deemed  to  be 
received  within  the  meaning  of  the  term  "received",  as  "  Received -a? 
used  in  this  chapter,  even  though  the  same  is  withheld  from  "ncome  tax 
the  person  entitled  thereto  in  payment  of  or  to  secure  the  '**•  ^^efined. 
payment  of  any  tax  imposed  by  the  federal  government  or 
by  any  state  or  foreign  government. 

Approved  April  24,  1952. 


An  Act  authorizing  the  town  of  danvers  to  reinstate  QJkij)  263 
john  m.  caskin  in  the  employ  of  said  town. 

Be  it  enacted,  etc.,  as  follows: 

Any  provision  of  law  to  the  contrary  notwithstanding, 
the  town  of  Danvers  may  reinstate  John  M.  Caskin  as  an 
employee  of  said  town.  Upon  such  reinstatement  he  shall 
again  become  a  member  of  the  retirement  system  of  said 
town,  with  all  the  rights  and  obligations  entailed  by  such 
membership  as  if  he  had  not  been  retired;  provided,  that 
he  shall  receive  no  creditable  service  from  the  date  of  his 
retirement  to  the  date  of  his  reinstatement  and  upon  his 
subsequent  retirement  the  provisions  of  paragraph  (2)  (6) 
of  section  eight  of  chapter  thirty-two  of  the  General  Laws, 
relative  to  restoration  to  service  of  members  retired  for 
disability  shall  apply  whether  or  not  such  subsequent  retire- 
ment is  for  disability.  Approved  April  24,  1952. 


154  Acts,  1952.  —  Chaps.  264,  265,  266. 


Chap.2Q4:  An  Act  requiring  owners  of  tenement  and  apartment 

HOUSES  IN  THE  CITY  OF  BOSTON  TO  PROVIDE  AND  MAINTAIN 
THEREFOR  SUITABLE  RECEPTACLES  FOR  ASHES,  GARBAGE, 
REFUSE   AND    OTHER   LIKE   MATTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  owner  of  every  tenement  and  apart- 
ment house  in  the  city  of  Boston  shall  provide  and  maintain 
therefor  suitable  covered  water-tight  metal  receptacles  for 
garbage,  unless  there  is  installed  and  maintained  in  such 
tenement  or  apartment  house  other  means  for  the  immediate 
disposal  of  garbage,  and  shall  provide  and  maintain  therefor 
suitable  metal  receptacles  for  ashes,  refuse  and  other  like 
matter. 

Section  2.  Violations  of  this  act  shall  be  punished  by  a 
fine  not  exceeding  twenty  dollars  for  each  offence. 

Section  3.  This  act  shall  take  effect  upon  its  acceptance 
by  vote  of  the  city  council  of  the  city  of  Boston,  subject  to 
the  provisions  of  its  charter,  but  not  otherwise. 

Approved  April  S4,  1952. 

Chap.2Q5  An    Act    authorizing    the    county    commissioners    of 

ESSEX  county  to  EXPEND  AN  ADDITIONAL  SUM  OF  MONEY 
FOR  THE  ERECTION  AIS;D  EQUIPMENT  OF  A  CERTAIN  COURT 
HOUSE   IN   THE    CITY    OF   LAWRENCE. 

Be  it  enacted,  etc.,  as  follows: 

The  county  commissioners  of  Essex  county  are  hereby 
authorized  to  expend  a  sum  not  exceeding  fifty  thousand 
dollars,  in  addition  to  the  amount  authorized  by  chapter 
seven  hundred  and  fifty-nine  of  the  acts  of  nineteen  hundred 
and  fifty,  for  the  erection,  originally  equipping,  and  land 
damages,  if  any,  of  a  court  house  with  adequate  quarters  for 
the  district  court  and  the  registry  of  deeds,  located  within 
a  radius  of  one  quarter  of  a  mile  from  the  present  existing 
district  court  house  in  the  city  of  Lawrence. 

Approved  April  24,  1952. 

Chap.2QQ  An   Act   defining    *' non-resident"    and    "owtster"    as 

USED   IN   THE    LAWS    PERTAINING   TO   MOTOR   VEHICLES. 

Be  it  enacted,  etc.,  as  follows: 

Edj,'9o!l"i,  Section  1.  Section  1  of  chapter  90  of  the  General  Laws 
amended.  '  is  hereby  amended  by  striking  out  the  definition  of  "Non- 
resident", as  appearing  in  the  Tercentenary  Edition,  and 
inserting  in  place  thereof  the  following :  — 
de^t^'deTned.  "  Non-resideut ",  any  person  whose  legal  residence  is  not 
within  the  commonwealth,  but  not  including  any  person  who 
has  a  place  of  business  within  the  commonwealth  and  uses 
motor  vehicles  or  trailers  in  connection  with  said  place  of 
business. 


Acts,  1952.  — Chap.  267.  155 

Section  2.     Said  section  1  of  said  chapter  90  is  hereby  EdVqo^T'i 
further  amended  by  inserting  after  the  definition  of  "Opera-  further' 
tor",  as  so  appearing,  the  following  definition:  —  amended. 

"Owner"  shall  include,   but  not  be  restricted  to,   any  "Owner" 
lessee  or  bailee  of  a  motor  vehicle  registered  in  another  state  "defined. 
or  country,  and  having  exclusive  use  thereof  under  lease  or 
otherwise  for  a  period  greater  than  thirty  days  in  the  aggre- 
gate within  a  calendar  year.         Approved  April  2 If,  1952. 

An    Act    providing    for   the    recognition    of    certain  Chap. 267 

JANITORIAL  SERVICES  RENDERED  IN  THE  BOSTON  PUBLIC 
SCHOOLS  AS  CREDITABLE  SERVICE  UNDER  CERTAIN  RE- 
TIREMENT SYSTEMS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  person  who,  on  the  effective  date  of  this 
act,  is  a  member  of  the  Boston  retirement  system  or  of  the 
State-Boston  retirement  system,  and  who,  at  any  time 
between  February  first,  nineteen  hundred  and  twenty-three 
and  September  first,  nineteen  hundred  and  forty-three, 
rendered  janitorial  service  in  a  public  school  of  the  city  of 
Boston  for  which  he  was  paid  by  the  custodian  of  such 
school  may,  within  three  years  from  said  effective  date  or 
such  further  time  as  the  Boston  retirement  board,  in  the 
event  of  obvious  hardship,  may  in  its  discretion  allow,  pay 
into  the  annuity  savings  fund  of  the  retirement  system  of 
which  he  is  a  member,  in  one  sum,  or  in  instalments  upon 
such  terms  and  conditions  as  said  retirement  board  may 
prescribe,  make-up  payments  in  a  sum  equal  to  the  amounts 
which,  under  the  Boston  retirement  act,  would  have  been 
withheld  from  his  compensation  for  services  so  rendered 
during  said  period  had  he  been  an  employee  of  the  city  of 
Boston  and  a  member  of  the  Boston  retirement  system, 
together  with  regular  interest  thereon.  Upon  the  completion 
of  such  make-up  payments,  such  member  shall  receive  the 
same  credit  for  services  so  rendered  as  would  have  been 
allowed  had  such  services  been  rendered  by  him  as  an  em- 
ployee of  the  city  of  Boston.  In  the  event  any  retirement 
allowance  becomes  effective  prior  to  the  completion  of  such 
make-up  payments,  such  member  shall,  in  addition  to 
credit  for  his  actual  membership  service,  be  entitled  to 
credit  for  that  proportion  of  service  rendered  by  him  as 
aforesaid  which  the  total  amount  of  his  make-up  payments 
actually  made,  together  with  regular  interest  thereon  to 
the  date  his  retirement  allowance  becomes  effective,  bears 
to  the  total  amount  of  what  his  make-up  payments,  together 
with  regular  interest  thereon  to  such  latter  date,  would 
have  been  had  he  made  payment  thereof  in  one  sum  on  such 
latter  date. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  vote  of  the  city  council 
of  the  city  of  Boston,  with  the  approval  of  its  mayor,  but 
not  otherwise.  Approved  April  24,  1952. 


156 


Acts,  1952. —  Chaps.  268,  269. 


G.  L.  (Ter. 
Ed.).  147, 
new  §  17A, 
added 
Days  off  or 
extra  pay 
for  police 
in  certain 
cities  and 
towns. 


Chap. 268  An   Act  providing  that  police  officers   of   certain 

CITIES  AND  towns  SHALL  BE  GIVEN  AN  ADDITIONAL  DAY 
off  duty  or,  UNDER  CERTAIN  CIRCUMSTANCES,  AN  ADDI- 
TIONAL day's  pay  when  they  are  REQUIRED  TO  WORK 
ON    CERTAIN    LEGAL   HOLIDAYS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  147  of  the  General  Laws  is  hereby  amended  by 
inserting  after  section  17  the  following  section:  —  Sec- 
tion 17 A.  If  any  police  officer  of  a  city  or  town  is  required 
to  work  on  January  first,  February  twenty-second,  April 
nineteenth,  May  thirtieth,  July  fourth,  the  first  Monday  of 
September,  October  twelfth,  November  eleventh,  Thanks- 
giving day  or  Christmas  day,  or  the  day  following  when 
any  of  the  five  days  first  mentioned,  or  October  twelfth, 
November  eleventh  or  Christmas  day,  occurs  on  Sunday, 
he  shall  be  given  an  additional  day  off,  or,  if  such  additional 
day  off  cannot  be  given  because  of  personnel  shortage  or 
other  cause,  he  shall  be  entitled  to  an  additional  day's  pay; 
provided,  that,  in  the  case  of  a  police  officer  who  works  five 
or  more  days  a  week,  and  whose  regular  day  off  falls  on  any 
of  the  aforementioned  holidays  except  when  such  holiday 
occurs  on  Saturday,  an  additional  day  shall  be  allowed,  or 
payment  in  lieu  of  one  day  shall  be  allowed.  This  section 
shall  take  effect  in  a  city  having  a  Plan  E  charter  when 
accepted  by  the  affirmative  vote  of  a  majority  of  the  city 
council,  and  in  the  case  of  other  cities  by  vote  of  the  city 
council,  subject  to  the  provisions  of  its  charter,  and  in  a 
town  by  a  majority  vote  at  an  annual  town  meeting. 

Approved  April  24,  1952. 


Chap.2Q9  An  Act  extending  the  operation  of  an  act  to  provide 

FOR  THE  SAFETY  OF  THE  COMMONWEALTH  DURING  THE 
EXISTENCE  OF  AN  EMERGENCY  RESULTING  FROM  DISASTER 
OR   FROM   HOSTILE  ACTION. 

Be  it  enacted,  etc.,  as  follows: 

Section  22  of  chapter  639  of  the  acts  of  1950  is  hereby 
amended  by  striking  out,  in  line  4,  the  word  "fifty-two" 
and  inserting  in  place  thereof  the  word:  —  fifty-three, — 
so  as  to  read  as  follows:  —  Section  22.  This  act  or  any  part 
hereof  shall  become  inoperative  by  the  adoption  of  a  joint 
resolution  to  that  effect  by  the  house  and  senate  acting  con- 
currently or  in  any  event  on  July  first,  nineteen  hundred  and 
fifty-three.  Approved  April  24,  1952. 


The  Commonwealth  of  Massachusett.s, 
Executive  Department,  State  House, 

Boston,  May  13,  1952. 

The  Honorable  Edward  J.  Cronin,  Secretary  of  the  Comniomvealth, 
Slate  Hotise,  Boston,  Massachusetts. 

Dear  Mr.  Secretary:  —  I,  Paul  A.  Dever,  pursuant  to 
the  provisions  of  Article  48  of  the  Amendments  to  the  Con- 


Acts,  1952.  — Chap.  270.  157 

stitution,  The  Referendum,  II,  Emergency  Measures,  hereby 
declare  that  in  my  opinion  the  immediate  preservation  of 
the  public  peace,  health,  safety  and  convenience  requires 
that  the  law  entitled,  "An  Act  extending  the  Operation  of 
an  Act  to  Provide  for  the  Safety  of  the  Commonwealth  dur- 
ing the  Existence  of  an  Emergency  resulting  from  Disaster 
or  from  Hostile  Action"  and  the  enactment  of  which  re- 
ceived my  approval  on  April  24,  1952,  should  take  effect 
forthwith. 

I  further  declare  that  in  mj^  opinion  said  law  is  an  emer- 
gency law  and  the  facts  constituting  the  emergency  are  as 
follows : 

Postponement  of  the  operation  of  this  act  for  90  days 
would  leavp  the  Commonwealth  and  its  cities  and  towns 
without  Civil  Defense  Organizations  for  almost  a  month 
during  a  period  of  National  emergency  and  would  seriously 
interfere  with  a  program  on  the  part  of  the  State  Civil 
Defense  Agency  and  many  local  agencies  of  procuring  vital 
civil  defense  materials,  equipment  and  supphes  much  of 
which  is  already  on  order  and  which  they  must  be  ready  to 
receive  and  store  when  shipped. 

Very  truly  yours, 

Paul  A.  Dever, 

Governor. 


Office  of  the  Secretary,  Boston,  May  13,  1952. 

I,  Edward  J.  Cronin,  hereby  certify  that  the  accompany- 
ing statement  was  filed  in  this  office  by  His  Excellency  the 
Governor  of  the  Commonwealth  of  Massachusetts  at  ten 
o'clock  and  forty-five  minutes,  a.m.,  on  the  above  date,  and 
in  accordance  with  Article  Forty-eight  of  the  Amendments 
to  the  Constitution  said  chapter  takes  effect  forthwith,  being 
chapter  two  hundred  and  sixty-nine  of  the  acts  of  nineteen 
hundred  and  fifty-two. 

Edward  J.  Cronin, 
Secretary  of  the  Commonwealth. 


An  Act  relative  to  the  care  and  treatment  of  tuber-  Chav  270 

CULOSIS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^rTambi""^ 
to  defeat  its  purpose,  which  is  in  part  to  make  immediately 
operative  certain  amendments  to  the  laws  relative  to  the 
care  and  treatment  of  tuberculosis,  therefore  it  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  111  of  the  General  Laws  is  hereby  q.  l.  (Xer. 
amended  by  striking  out  section  65,  as  most  recently  amended  ^do-  ^^^' 
by  section  1  of  chapter  562  of  the  acts  of  1951,  and  inserting  amended.' 


158 


Acts,  1952.  — Chap.  270. 


Preference  in 
admissions 
to  Rutland 
state  sana- 
torium. 


G.  L.  (Ter. 
Ed.),  111. 
§  66,  etc., 
amended. 

Charges  for 
support  of 
inmates  in 
state  sana- 
toria. 


G.  L.  (Ter. 
Ed.).  HI, 
§  76,  etc., 
amended. 


in  place  thereof  the  following  section :  —  Section  65.  Unless 
the  commissioner  considers  that  an  exception  should  be 
made,  citizens  of  the  commonwealth  shall  be  given  preference 
in  the  admission  of  persons  to  the  Rutland  state  sanatorium, 
and  no  person  shall  be  admitted  thereto  who  has  not  been  a 
resident  of  the  commonwealth  for  at  least  six  months  pre- 
ceding the  date  of  his  application  for  admission. 

Section  2.  Said  chapter  111  is  hereby  further  amended 
by  striking  out  section  66,  as  most  recently  amended  by 
section  2  of  said  chapter  562,  and  inserting  in  place  thereof 
the  following  section :  —  Section  66.  The  charges  for  the 
support  of  each  inmate  in  a  state  sanatorium  shall  be  fixed 
by  the  department  and  shall  be  paid  quarterly.  Such 
charges  for  those  not  having  known  settlements  in  the  com- 
monwealth shall  be  paid  by  it,  and  may  afterward  be  re- 
covered by  the  state  treasurer  of  the  inmates,  if  they  are 
able  to  pay,  or  of  any  person  or  kindred  bound  by  law  to 
maintain  them,  or  of  the  place  of  their  settlement  subse- 
quently ascertained ;  but  for  those  having  known  settlements 
in  the  commonwealth,  the  charges  shall  be  paid  either  by 
the  persons  bound  to  pay  them  or  by  the  town  where  such 
inmates  had  their  settlement,  unless  security  to  the  satis- 
faction of  the  commissioner  is  given  for  their  support.  If 
any  person  or  town  refuses  or  neglects  to  pay  such  charges 
the  state  treasurer  may  recover  the  same  to  the  use  of  the 
sanatorium.  A  town  which  pays  the  charges  for  the  support 
of  an  inmate  of  a  state  sanatorium  shall  have  hke  rights 
and  remedies  to  recover  the  amount  thereof,  with  interest 
and  costs,  from  the  town  of  his  settlement  or  from  such 
person  of  sufficient  ability,  or  from  any  person  bound  by 
law  to  maintain  hun,  as  if  such  charges  had  been  incurred 
in  the  ordinary  support  of  such  inmate.  If  in  any  case  the 
charges,  as  established  by  this  section,  for  the  support  of  an 
adult  inmate  are  not  paid  in  accordance  with  this  section 
by  the  inmate  or  by  the  persons  bound  to  pay  them  and  a 
town  becomes  liable  to  pay  them,  such  town  shall  be  liable 
to  pay  such  sum,  in  addition  to  such  charges,  as  shall  be 
fixed  by  the  department.  In  such  a  case,  the  provisions 
of  this  section  relative  to  the  recovery  of  charges  by  the  state 
treasurer,  and  by  a  town  from  the  town  of  settlement,  shall 
apply  to  the  recovery  of  such  total  amount.  This  section 
shall  not  apply  to  patients  received  under  any  contract 
made  under  authority  of  section  seventy-nine.  In  all  pro- 
ceedings under  this  section,  the  sworn  written  statement  of  a 
person  that  he  is  the  superintendent  of  a  state  sanatorium 
or  that  he  keeps  or  has  custody  of  records  of  accounts  of 
inmates  thereof,  and  that  a  certain  person  has  been  an  in- 
mate therein  during  a  certain  period  at  a  certain  charge 
and  that  no  satisfactory  security  was  given  shall  be  prima 
facie  evidence  of  the  said  facts. 

Section  3.  Said  chapter  111  is  hereby  further  amended 
by  striking  out  section  76,  as  most  recently  amended  by 
section  3  of  said  chapter  562,  and  inserting  in  place  thereof 


Acts,  1952.  — Chap.  270.  159 

the  following  section:  —  Section  76.  Every  town  placing  Towns  to 
its  patients  suffering  from  tuberculosis  in  a  county,  municipal  sfdks  fron'r 
or  incorporated  tuberculosis  hospital  in  the  commonwealth,  ^J'^^^^j'^'J,"}™""" 
or  in  a  building  or  ward  set  apart  for  such  patients  by  a  cp'r'tain  ""^ 
county,  municipal  or  incorporated  hospital  therein,  shall  be  p^"«"** 
entitled  to  receive  from  the  commonwealth  a  subsidy  of 
five  dollars  a  week  for  each  patient  who  has  a  legal  settle- 
ment therein,  provided  that  such  patient  is  unable  to  pay 
for  his  support,  and  that  his  kindred  bound  by  law  to  main- 
tain him  are  unable  to  pay  for  the  same;  but  a  town  shall 
not  become  entitled  to  this  subsidy  unless,  upon  examination 
authorized  by  the  department,  the  sputum  of  such  patient 
be  found  to  contain  bacilU  of  tuberculosis,  nor  unless  the 
hospital  building  or  ward  be  approved  by  it,  and  it  shall 
not  give  such  approval  unless  it  has  by  authority  of  law, 
or  by  permission  of  the  hospital,  full  authority  to  inspect  the 
same  at  all  times.  The  department  may  at  any  time  with- 
draw its  approval.  In  the  case  of  hospitals  having  a  bed 
capacity  which,  in  the  opinion  of  the  department,  is  in 
excess  of  the  number  of  beds  needed  for  the  locaUties  which 
these  institutions  serve  for  patients  exhibiting  tubercle 
bacilli  in  their  sputum,  the  subsidy  above  provided  shall  be 
allowed  for  such  patients  not  exhibiting  tubercle  bacilU 
in  their  sputum  as,  in  the  joint  opinion  of  the  superintendent 
or  medical  director  of  the  institution  and  of  a  member  of  the 
department  designated  by  the  commissioner,  are  bona  fide 
cases  of  pulmonary  tuberculosis  and  have  been  in  the  in- 
stitution more  than  thirty  days. 

Section  4.    Said  chapter  111  is  hereby  further  amended  Ed.V.nr 
by  striking  out  section  77,  as  most  recently  amended  by  §  '^'^''f'r 
section  4  of  said  chapter  562,  and  inserting  in  place  thereof  '*"*""  ^ 
the  following  section:  —  Section  77.    The  department  shall  f^X*."^ 
certify,  in  the  case  of  each  hospital,  building  or  ward  ap- 
proved by  it,  as  provided  in  the  preceding  section,  the  num- 
ber of  patients  for  whom  the  town  is  entitled  to  the  subsidy, 
and  upon  such  certification  the  subsidy  shall  be  paid  by  the 
commonwealth.     No  claim  shall  be  allowed  for  a  subsidy 
covering  more  than  ten  days  prior  to  the  date  when  notice 
of  the  claim  is  received  by  the  department. 

Section  5.    Said  chapter  111  is  hereby  further  amended  EdKiTr§78, 
by  striking  out  section  78,  as  most  recently  amended  by  etc!. 'amended.' 
section  5  of  said  chapter  562,  and  inserting  in  place  thereof 
the  following  section:  —  Section  78.     The  county  commis- Hospital  care 
sioners  of  each  county  in  the  conamonwealth  shall  provide,  pTrJo"!'"" 
as  required  by  sections  seventy-eight  to  ninety,  inclusive,  f^y^^'^pu^j. 
adequate  hospital  care  for  all  persons  having  settlements  in  monary 
towns  having  less  than  one  hundred  thousand  population  tubercuios.i.. 
as  determined  by  the  last  national  census,  within  the  bounda- 
ries of  their  respective  counties,  irrespective  of  the  residence 
of  such  persons,  and  all  residents  therein  having  no  settle- 
ment within  the  commonwealth,  who  are  suffering  from 
pulmonary  tuberculosis,  who  need  such  hospital  care  and 
for  whom  adequate  hospital  provision  does  not  already  exist. 


160 


Acts,  1952.  — Chap.  270. 


G.  L.  (Ter. 
Ed.),  111.  §  80, 
etc.,  amended. 


"Adequate" 
hospital  pro- 
vision, term 
defined. 


G.  L.  (Ter. 
Ed.),  Ill,  §  85, 
etc.,  amended. 


Apportion- 
ment of  costs 
of  mainte- 
nance, etc. 


and  in  any  such  case  the  tuberculosis  hospital  in  said  county 
shall  be  deemed  to  serve  each  town  in  the  hospital  district 
in  said  county  with  respect  to  the  persons  for  whom  hospital 
provision  is  required  to  be  provided  as  aforesaid;  provided, 
that  the  county  commissioners  of  any  county  electing  so  to 
do  shall  provide  by  contract  in  accordance  with  section 
seventy-nine  adequate  hospital  care,  as  required  by  sections 
seventy-eight  to  ninety,  inclusive,  for  all  persons  residing  in 
like  towns  within  the  boundaries  of  their  county  who  are 
suffering  from  pulmonary  tuberculosis,  who  need  such 
hospital  care  and  for  whom  adequate  hospital  provision 
does  not  already  exist. 

Section  6.  Said  chapter  111  is  hereby  further  amended 
by  striking  out  section  80,  as  most  recently  amended  by 
section  6  of  said  chapter  562,  and  inserting  in  place  thereof 
the  following  section:  —  Section  80.  "Adequate"  hospital 
provision  for  tubercular  patients  within  the  meaning  of 
sections  seventy-eight  to  ninety-one,  inclusive,  shall  be  held 
to  mean  at  least  one  such  hospital  bed  for  each  four  deaths 
from  tuberculosis  in  the  district  served  by  such  hospitals,  as 
determined  by  computing  the  average  number  of  deaths 
from  tuberculosis  per  annum  for  the  years  nineteen  hundred 
and  sixteen  to  nineteen  hundred  and  twenty,  inclusive,  in  the 
communities  served  by  such  hospitals,  and  by  a  similar 
quinquennial  computation  by  the  department  thereafter. 

Section  7.  Said  chapter  111  is  hereby  further  amended 
by  striking  out  section  85,  as  most  recently  amended  by  sec- 
tion 7  of  said  chapter  562,  and  inserting  in  place  thereof  the 
following  section:  —  Section  85.  The  county  shall  provide 
for  the  maintenance,  operation  and  repair  of  said  hospital, 
which  shall,  for  the  purposes  of  this  section  and  section 
eighty-five  A,  include  the  maintenance,  operation  and  repair 
of  any  preventorium  erected  by  said  county  in  accordance 
with  section  eighty-five  B  and  also  the  cost  of  its  construc- 
tion and  original  equipment  except  when  the  cost  of  its  con- 
struction, original  equipment,  maintenance,  operation  or 
repair  is  provided  under  said  section  eighty-five  B  to  be  paid 
from  appropriations,  and  shall  for  said  purposes  include  the 
establishment  and  maintenance  of  out-patient  departments 
and  the  furnishing  of  supplementary  diagnostic  service  under 
section  eighty-five  C;  provided,  that  the  expenditure  of 
money  for  the  purposes  of  this  section  shall  be  limited  to 
such  amounts  as  may  be  authorized  by  the  general  court. 
Every  town  shall  pay  to  the  county  the  sum  of  ten  dollars 
and  fifty  cents  per  week  for  each  person  admitted  from  such 
town  to  said  hospital  in  accordance  with  section  eighty-eight. 
The  county  commissioners  shall  annually  in  January  appor- 
tion the  balance  of  the  cost  of  the  maintenance,  operation 
and  repair  of  said  hospital,  including  interest  paid  or  due  on 
temporary  notes  issued  therefor,  for  the  previous  year  to  the 
towns  situated  in  the  district,  so  that  sixty-five  per  cent  of 
such  balance  shall  be  apportioned  on  the  basis  of  valuation 
as  used  in  assessing  county  taxes  and  thirty-five  per  cent 


Acts,  1952.  — Chap.  270.  161 

thereof  shall  be  apportioned  to  such  towns  only  as  have  had 
patients  in  said  hospital  during  said  year  and  in  such  pro- 
portion as  the  number  of  patient  days  chargeable  to  any 
town  bears  to  the  total  number  of  patient  days  of  all  patients 
in  said  hospital  during  said  year;  and  shall  issue  their  war- 
rants against  the  towns  for  the  amount  for  which  they  are 
severally  assessed  to  pay  for  the  maintenance,  operation  and 
repair  of  said  hospital.  The  county  may,  thirty  days  after 
a  written  demand  for  payment,  recover  in  contract  against 
any  town  hable  to  pay  any  part  of  the  cost  of  construction 
or  of  the  maintenance,  operation  and  repair  of  said  hospital 
the  amount  for  which  it  may  be  liable.  County  commis- 
sioners of  counties  whose  patients  are  cared  for  by  contract 
under  section  seventy-nine  may  raise  and  expend  the  sums 
necessary  to  carry  out  the  provisions  thereof,  and  may  bor- 
row the  same  on  the  credit  of  the  county,  and  issue  therefor 
notes  of  the  county,  payable,  in  not  more  than  eighteen 
months  from  their  respective  dates  of  issue,  from  the  reim- 
bursements received  from  said  towns.  They  shall  annually 
in  January  determine  the  total  amount  already  expended  by 
or  due  from  the  county  under  such  contracts  during  the 
previous  year,  and  shall  apportion  the  same  to  and  may  col- 
lect the  same  from  the  several  towns  liable,  in  like  manner  as 
in  counties  having  their  own  hospitals,  and  the  same  shall  be 
applied  to  the  payment  of  the  temporary  debt  incurred  by 
said  counties. 

Section  8.  Said  chapter  111  is  hereby  further  amended  KdV  iTr§88 
by  striking  out  section  88,  as  most  recently  amended  by  sec-  etc!/amendcd. ' 
tion  8  of  said  chapter  562,  and  inserting  in  place  thereof  the 
following  section :  —  Section  88.  Patients  shall  be  admitted  o/'p^'tipnt" 
to  said  hospitals  through  application  by  the  boards  of  health 
of  the  towns  served  by  such  hospitals,  and  all  patients  shall 
be  admitted  in  the  order  of  their  application.  Upon  the 
request  of  any  registered  physician  the  board  of  health  shall 
forward  forthwith  to  the  hospital  an  appHcation  for  admis- 
sion of  any  person  found  to  be  afflicted  with  pulmonary 
tuberculosis;  provided,  that  if  a  person  found  to  be  so 
afflicted  resides  in  a  town  in  the  hospital  district  of  a  county 
where  admission  of  patients  is  based  on  their  place  of  settle- 
ment and  has  a  settlement  in  a  town  in  the  hospital  district 
of  another  such  county,  the  board  of  health  of  the  town  where 
such  person  resides  shall  give  notice  of  the  case  to  the  board 
of  health  of  the  town  of  settlement  which  shall  make  appli- 
cation for  the  admission  of  such  person  to  the  hospital  serv- 
ing the  town  of  settlement.  The  charge  for  the  support  of  a 
patient  in  any  of  said  hospitals  shall  be  paid  by  the  town 
sending  him  to  the  hospital  except  that,  if  the  patient  has 
no  known  settlement  in  the  commonwealth,  the  charge  shall 
be  paid  by  it,  upon  the  approval  of  the  bills  by  the  depart- 
ment of  public  welfare,  in  the  manner  provided  by  section 
one  hundred  and  sixteen.  Such  charges  may  afterward  be 
recovered  by  the  town  or  by  the  state  treasurer,  as  the  case 
may  be,  from  the  patient,  if  he  is  able  to  pay,  or  from  any 


162 


Acts,  1952.  — Chap.  271. 


G.  L.  (Ter. 
Ed.),  Ill,  new 
§  88B,  added. 
Admission 
of  certain 
patients. 


ICffective 
date. 


person  or  kindred  bound  by  law  to  maintain  him,  in  the 
manner  provided  by  section  sixty-six  for  the  recovery  of  un- 
paid charges  for  the  support  of  inmates  of  the  state  sanatoria. 
Patients  may  be  discharged  only  in  accordance  with  rules 
and  regulations  established  by  the  medical  staff  of  the 
hospital  and  approved  by  the  superintendent  thereof. 

Section  9.  Said  chapter  111  is  hereby  further  amended 
by  inserting  after  section  88A,  repealed  by  section  9  of  said 
chapter  562,  the  following  section:  —  Section  88B.  If  a 
person,  residing  in  a  town  in  the  hospital  district  of  a  county 
where  admission  of  patients  is  based  on  their  place  of  settle- 
ment and  having  a  settlement  in  a  town  in  the  hospital  dis- 
trict of  another  such  county,  is  found  to  be  afflicted  with 
pulmonary  tuberculosis  and  his  case  is,  in  the  opinion  of  the 
superintendent  of  the  hospital  in  whose  district  he  resides, 
an  emergency  one,  he  may  be  admitted  to  the  hospital  on 
application  of  the  board  of  health  of  the  town  in  which  he 
resides  and  the  town  of  settlement  shall  be  liable  to  the  town 
of  residence  at  the  rate  of  six  dollars  for  each  day  while  such 
person  is  a  patient  at  such  hospital.  The  period  of  such 
emergency  and  hospitalization  shall  be  determined  by  the 
superintendent  of  the  hospital.  Whenever  accommodations 
are  available,  patients  not  entitled  to  be  admitted  under 
section  eighty-eight  and  not  emergency  cases  may  be  ad- 
mitted on  terms  approved  by  the  trustees  but  not  at  rates 
lower  than  the  total  approximate  cost  for  patients  entitled 
to  be  admitted  under  section  eighty-eight. 

Section  10.  This  act  shall  take  effect  as  of  January  first, 
nineteen  hundred  and  fifty-two. 

Approved  April  S9,  1952. 


Chap. 27 \  An  Act  authorizing  the  town  of  pepperell  to  pay  a 

SUM  OF  money  to  EDWIN  E.  ITEN. 

Be  it  enacted,  etc.,  as  follotos: 

Section  1.  Notwithstanding  any  provision  of  general  or 
special  law  to  the  contrary,  the  town  of  Pepperell,  in  order 
to  discharge  a  moral  obligation,  may  pay  to  Ed^vin  E.  Iten 
of  said  town,  from  funds  already  appropriated  therefor,  an 
amount  not  exceeding  two  thousand  eight  hundred  and  six- 
teen dollars  for  work  done  and  to  be  done  in  repairing  and 
reconstructing  Prescott  Hall  in  said  town,  the  claim  for 
which  amount  is  legally  unenforceable  by  reason  of  failure 
of  said  town  to  comply  with  the  provisions  of  law  relative  to 
the  letting  of  special  contracts. 

Section  2.  The  payments  authorized  to  be  made  under 
section  one  are  not  to  be  made  unless  and  until  the  project 
in  connection  with  which  such  work  was  done  is  completed. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  5,  1952. 


Acts,  1952.  —  Chaps.  272,  273.  163 


An  Act  authorizing  the  town  of  pepperell  to  pay  a  Chap. 272 

SUM   OF   MONEY   TO    KENNETH    DAVIS. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  Notwithstanding  any  provision  of  general  or 
special  law  to  the  contrary,  the  town  of  Pepperell,  in  order 
to  discharge  a  moral  obligation,  may  pay  to  Kenneth  Davis 
of  said  town,  from  funds  already  appropriated  therefor,  an 
amount  not  exceeding  one  thousand  dollars  for  work  done 
and  to  be  done  in  repairing  and  reconstructing  Prescott  Hall 
in  said  town,  the  claim  for  which  amount  is  legally  unen- 
forceable by  reason  of  failure  of  said  town  to  comply  with 
the  provisions  of  law  relative  to  the  letting  of  special  con- 
tracts. 

Section  2.  The  payments  authorized  to  be  made  under 
section  one  are  not  to  be  made  unless  and  until  the  project 
in  connection  with  which  such  work  was  done  is  completed. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  5,  1952. 


An  Act  authorizing  the  city  of  Worcester  to  borrow  Chap. 21^ 
money  for  school  purposes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Worcester  may  borrow  from  time 
to  time,  within  a  period  of  five  years  from  the  passage  of 
this  act,  such  sums  as  may  be  necessary,  not  exceeding,  in 
the  aggregate,  nine  hundred  thousand  dollars  for  the  purpose 
of  acquiring  any  necessary  land  by  purchase  or  eminent 
domain  and  for  constructing  a  school  building  or  buildings 
on  land  on  the  westerly  side  of  Prescott  street  in  said  city, 
including  the  cost  of  any  surveys,  architectural  and  engi- 
neering services,  and  landscaping  and  originally  equipping 
and  furnishing  said  school  building  or  buildings,  and  may 
issue  bonds  or  notes  therefor  which  shall  bear  on  their  face 
the  words,  Worcester  Industrial  School  Building  Loan,  Act 
of  1952. 

Each  authorized  issue  shall  constitute  a  separate  loan, 
and  such  loans  shall  be  payable  in  not  more  than  twenty 
years  from  their  dates.  Indebtedness  incurred  under  this 
act  shall  be  in  excess  of  the  statutory  Umit  provided  by 
chapter  forty-four  of  the  General  Laws,  but  shall,  except 
as  provided  herein,  be  subject  to  the  provisions  of  said 
chapter  forty-four,  excluding  the  limitation  contained  in  the 
first  paragraph  of  section  seven  thereof,  and  shall  be  in 
excess  of  the  amount  authorized  by  chapter  two  hundred 
and  eleven  of  the  Special  Acts  of  nineteen  hundred  and 
sixteen,  as  amended  by  chapter  one  hundred  and  thirty- 
eight  of  the  acts  of  nineteen  hundred  and  twenty. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  6,  1952. 


164  Acts,  1952.  —  Chaps.  274,  275,  276. 

Chap. 214:  An  Act  increasing  the  amount  of  money  that  the  town 

OF   FALMOUTH   MAY   BORROW    FOR   SEWERAGE   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  6  of  chapter  288  of  the  acts  of  1928  is 
hereby  amended  by  striking  out  the  first  sentence,  as  most 
recently  amended  by  section  3  of  chapter  153  of  the  acts  of 
1947,  and  inserting  in  place  thereof  the  following  sentence:  — 
For  the  purpose  of  paying  the  necessary  expenses  and  liabil- 
ities incurred  or  to  be  incurred  by  said  town  under  this  act, 
it  may  borrow,  outside  the  debt  limit,  from  time  to  time, 
within  five  years  from  January  first,  nineteen  hundred  and 
fifty-two,  such  sums  as  may  be  necessary,  not  exceeding,  in 
the  aggregate,  seven  hundred  and  fifty  thousand  dollars,  and 
may  issue  bonds  or  notes  therefor,  which  shall  bear  on  their 
face  the  words,  Falmouth  Sewer  Loan,  Act  of  1928. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  5,  1952 

Chap.275  An  Act  authorizing  the  town  of  ludlow  to  use  cer- 
tain  PARK   LAND   FOR   HIGHWAY   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Ludlow  is  hereby  authorized  to 
use  for  highway  purposes  that  portion  of  the  real  estate  situ- 
ated in  said  town  and  known  as  Memorial  Park  which  is  held 
by  it  for  public  park  purposes  by  virtue  of  the  conveyance  to 
it  from  Edwin  Farnham  Greene,  et  als.  Trustees  of  Ludlow 
Manufacturing  Associates  by  instrument  dated  April  25, 
1924,  and  recorded  in  Hampden  Registry  of  Deeds,  Book 
1234,  Page  129,  and  bounded  and  described  as  follows:  — 

Beginning  at  a  point  in  the  easterly  side  of  Chestnut  street, 
said  point  being  the  northerly  corner  of  a  way,  known  as 
Chestnut  Place,  and  running  northerly  by  said  easterly  side 
of  Chestnut  street  50  feet;  thence  turning  at  an  angle  of  90 
degrees  and  running  easterly  275.44  feet  to  the  westerly  side 
of  Sewall  street;  thence  turning  and  running  southerly  by 
said  westerly  side  of  Sewall  street  50  feet  to  an  iron  bar  at 
land  now  or  formerly  of  Pendrak ;  thence  turning  an  angle  of 
90  degrees  and  running  westerly  by  said  land  now  or  form- 
erly of  Pendrak  and  by  the  northerly  side  of  said  Chestnut 
Place  275.44  feet  to  the  point  of  beginning. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  5,  1952. 

Chap.27G  An  Act  relative  to  the  disposal  of  obsolete  and  use- 
less PAPERS  AND  RECORDS  IN  THE  CUSTODY  OF  CLERKS 
OF   THE    COURTS    OP   THE   COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Ed^.S'"  Section  1.     Section  27A  of  chapter  221  of  the  General 

§  27A,  etc..       Laws,  as  most  recently  amended  by  chapter  150  of  the  acts 
amence  .  ^^  1946,  is  hereby  further  amended  by  striking  out  sub- 

division (1)  and  inserting  in  place  thereof  the  following:  — 


Acts,  1952. —  Chaps.  277,  278.  165 

(1)  Any  cause  to  which  the  papers  relate,  if  they  relate  to  Disposal 
a  cause,  shall  have  been  finally  disposed  of  for  more  than  "ourt  rec°ords. 
twenty  years,  and  any  criminal  complaint  which  shall  have 
been  disposed  of  by  being  placed  on  file,  as  provided  in  sec- 
tion thirty-eight  of  chapter  two  hundred  and  eighteen,  and 
shall  have  remained  on  file  for  more  than  twenty  years. 

Section  2,    This  act  shall  take  effect  upon  its  passage. 

Approved  May  5,  1952. 

An  Act  authorizing  the  town  of  marshfield  to  appro-  nh„jy  277 

PRIATE  AND  PAY  A  SUM  OF  MONEY  TO  LAWRENCE  M.  SINNOTT.  ^ ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral  obli- 
gation, the  town  of  Marshfield  is  hereby  authorized  to  pay 
to  Lawrence  M.  Sinnott  of  said  town,  father  of  Jacqueline 
Sinnott,  in  reimbursement  for  expenses  of  medical  care 
incurred  by  him  on  account  of  injuries  sustained  by  his 
minor  daughter,  Jacqueline  Sinnott,  who  suffered  the  loss 
of  use  of  both  eyes  while  in  the  chemical  laboratory  of  the 
high  school  of  said  town,  the  sum  of  three  thousand  five 
hundred  dollars. 

The  town  of  Marshfield  is  further  authorized  to  appro- 
priate and  pay  an  annuity  for  life  of  the  sum  of  one  thousand 
two  hundred  dollars,  the  same  to  be  paid  in  equal  monthly 
installments  to  Lawrence  M.  Sinnott  for  the  benefit  of  Jac- 
queline Sinnott  through  her  minority  and  thereafter  to 
Jacquehne  Sinnott  in  her  own  right. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  5,  1952. 

An  Act  relative  to  the  laying  of  certain  water  mains  z^/,^^  278 

BY  THE  board  OF  WATER  COMMISSIONERS  IN  THE  TOWN      ^' 
OF  MAYNARD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  water  commissioners  in  the 
town  of  Maynard,  hereinafter  referred  to  as  the  board,  is 
hereby  authorized  to  lay  water  mains  in  such  private  ways 
within  the  limits  of  said  town  as  are  laid  out  by  the  owners 
of  such  ways  for  use  in  connection  with  housing  projects 
undertaken  by  them. 

Section  2.  Owners  of  such  private  ways  may  apply  to 
the  board  for  the  laying  therein  of  water  mains,  and  such  an 
application  shall  contain  such  information,  including  plans, 
as  the  board  may  require.  Upon  receipt  of  an  appUcation 
hereunder,  the  board  shall  make  an  estimate  of  the  cost  of 
the  work  to  be  done  by  it,  and  shall  notify  the  appficant  of 
the  amount  of  such  estimate.  Thereupon  the  applicant  shall 
pay  the  amount  of  the  estimate  to  the  town  treasurer  of  said 
town,  who  shall  hold  the  same  in  a  separate  account  and  pay 
therefrom  the  cost  of  the  work  as  certified  to  him  from  time 


166  Acts,  1952.  — Chap.  279. 

to  time  by  the  board.  In  case  the  cost  of  such  work  exceeds 
the  cost  estimated  by  the  board,  the  work  shall  cease  until 
the  additional  cost  has  been  estimated  by  the  board  and  the 
amount  thereof  has  been  paid  to  said  town  treasurer,  which 
additional  amount  shall  be  held  and  used  in  the  same  man- 
ner as  the  amount  paid  on  the  original  estimate.  No  work 
shall  be  done  by  the  board  hereunder  until  the  payments  due 
from  the  applicant  have  been  paid  to  said  town  treasurer,  nor 
until  the  applicant  has  granted  to  the  said  town  such  ease- 
ments and  other  rights  as  may  be  necessary  in  carrying  out 
the  purposes  of  this  act.  In  case  the  cost  of  the  work  is  less 
than  the  cost  estimated  by  the  board,  the  difference  shall  be 
refunded  to  the  applicant.  This  act  shall  be  construed  so  as 
to  require  the  installation  and  extension  of  six-inch  mains. 
The  applicant  may  make  the  extension  provided  he  emplo}'s 
a  contractor  acceptable  to  the  board.  A  proposal  must  be 
submitted  by  the  contractor  to  the  board  in  writing  stating 
in  detail  the  unit  prices  of  the  work  to  be  performed  and  the 
material  to  be  used.  All  work  shall  be  done  under  the  direct 
supervision  of  the  board  or  its  duly  authorized  agent. 

Section  3.  After  the  completion  of  the  work  of  laying 
water  mains  in  any  private  way  as  provided  by  this  act, 
said  towm,  acting  by  and  through  the  board,  shall  apportion 
the  cost  of  such  installations  and  extensions  to  each  of  the 
lots  to  be  served  by  such  water  installation  or  extension. 
Thereafter,  said  board  shall  refund  to  the  owner  of  such  way 
the  money  paid  by  him  to  the  town  treasurer,  less  any  sum 
refunded  to  him  under  section  two,  with  the  following  ex- 
ceptions: As  each  home  is  ready  for  occupancy  the  appli- 
cant shall  be  refunded  an  amount  equal  to  fifty  per  cent  of 
the  total  cost  of  the  extension  apportioned  to  said  lot  ac- 
cording to  the  frontage  of  the  lot.  The  o^mer  of  said  way 
shall  bear  one  hundred  per  cent  of  the  cost  in  excess  of  one 
hundred  feet  of  any  lot.  If  the  first  lot  is  in  excess  of  one 
hundred  feet  from  the  existing  main  the  owner  of  the  way 
shall  bear  one  hundred  per  cent  of  the  cost  of  the  extension 
to  the  first  lot.  No  refunds  shall  be  made  in  the  case  of 
dwellings  erected  and  so  connected  after  the  expiration  of 
ten  years  from  the  completion  of  the  water  main  with  which 
they  are  connected.  Said  town  shall  appropriate  such  sums 
of  money  as  may  be  necessary  to  make  such  refunds. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  5,  1952. 

Chap. 21^  An  Act  authorizing  the  city  of  malden  to  pay  thomas 
R.  kelliher  a  salary  as  a  teacher  while  temporarily 

engaged   as   a   reserve   officer   in   the   tJNITED   STATES 
military   SERVICE. 

Be  it  enacted f  etc.,  as  follows: 

Section  1.  The  city  of  Maiden  is  hereby  authorized  to 
pay  Thomas  R.  Kelliher,  a  teacher  in  the  public  schools  of 
said  city,  the  sum  of  four  hundred  and  forty-one  dollars  and 


Acts,  1952.  — Chap.  280.  167 

twenty-eight  cents,  which  sum  was  deducted  from  his  salary 
while  engaged  as  a  reserve  officer  in  the  military  service  of 
the  United  States  during  the  years  nineteen  hundred  and 
forty-seven  through  nineteen  hundred  and  fifty,  inclusive. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  5,  1952. 


An   Act   establishing  a   selectmen-manager   form   of  Chav.2S^ 

GOVERNMENT  FOR  THE  TOWN  OF  CONCORD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Elected  Officials.  — At  the  first  town  election 
following  the  acceptance  of  this  act  the  registered  voters 
of  the  town  of  Concord  shall  elect  the  following  officials :  — 

(a)  A  moderator  for  a  term  of  one  year; 

(6)  Two  selectmen  for  terms  of  three  years  each,  two  se- 
lectmen for  terms  of  two  years  each  and  one  selectman  for 
a  term  of  one  year; 

(c)  Two  members  of  the  school  committee  for  terms  of 
three  years  each,  two  members  for  terms  of  two  years  each 
and  one  member  for  a  term  of  one  year.  At  each  annual 
town  election  thereafter  a  moderator  shall  be  elected  for  a 
term  of  one  year  and  selectmen  and  members  of  the  school 
committee  for  terms  of  three  years  to  replace  those  whose 
terms  expire.  When  a  vacancy  occurs  in  the  office  of  select- 
men, the  remaining  selectmen  may  at  any  time  prior  to  the 
next  annual  town  election  appoint  a  qualified  person  to 
serve  as  selectman  until  such  election,  at  which  election  the 
voters  shall  elect  a  selectman  to  serve  for  the  unexpired  por- 
tion, if  any,  of  the  original  term.  The  powers,  duties  and 
responsibilities  of  elected  officials  shall  be  as  now  or  hereafter 
provided  by  applicable  statutes  and  by-laws  and  votes  of 
the  town,  except  as  herein  otherwise  provided. 

Section  2.  Appointed  Oficials.  —  (a)  The  selectmen  shall 
appoint  a  town  manager  as  provided  in  section  five,  who  may 
thereafter  be  removed  as  provided  in  section  seven. 

(6)  The  selectmen  shall  appoint  a  hbrary  committee,  a 
planning  board,  a  board  of  appeals,  a  town  accountant, 
trustees  of  town  donations,  a  personnel  board,  election 
officers,  registrars  of  voters  other  than  the  town  clerk  and 
such  other  officers,  boards  and  committees  as  they  shall 
hereafter  be  directed  to  appoint  by  by-law  or  vote  of  the 
town.  The  selectmen  may,  by  majority  vote,  undertake  an 
investigation  of  the  affairs  of  any  committee,  board  or 
official  appointed  by  them  or  by  the  town  manager,  and 
they  shall  have  access  to  all  records  and  other  documents 
which  they  may  deem  necessary  or  desirable  for  this  purpose. 
The  selectmen  may  remove,  after  such  hearing  as  the  select- 
men may  deem  advisable,  any  of  the  officers,  boards  or  com- 
mittees appointed  by  them  under  the  provisions  of  this 
paragraph,  or  any  member  thereof,  other  than  the  town 
clerk. 


168  Acts,  1952.  — Chap.  280. 

(c)  The  moderator  shall  appoint  a  finance  committee  and 
such  other  officers,  boards  and  committees  as  he  shall  here- 
after be  directed  to  appoint  by  by-law  or  vote  of  the  town. 

(d)  The  town  manager  shall  appoint,  upon  merit  and 
fitness  alone,  and  may  remove  for  cause :  — 

(1)  A  town  clerk,  a  town  treasurer,  a  town  collector  and 
a  board  of  three  assessors,  subject  however,  in  each  instance, 
to  the  approval  of  the  selectmen; 

(2)  All  other  officers,  boards,  committees  and  employees 
of  the  town,  with  the  exception  of  the  elected  officials  speci- 
fied in  section  one,  officials,  boards  and  committees  appointed 
by  the  school  committee  and  by  the  selectmen  and  modera- 
tor as  hereinbefore  in  this  section  provided  and  employees 
of  the  same. 

Section  3.  Membership;  Terms;  Powers,  Duties,  Re- 
sponsibilities; Termination.  —  The  membership  of  boards 
and  committees  appointed  as  provided  in  section  two,  the 
length  of  the  term  of  each  member  thereof  and  of  officers  so 
appointed,  and  the  powers,  duties  and  responsibilities  of  the 
same  shall  be  as  now  or  hereafter  provided  by  applicable 
statutes  and  by-laws  and  votes  of  the  town,  except  as  herein 
otherwise  provided.  Upon  appointment  and  qualification  of 
the  various  officials  as  provided  for  in  section  two,  the  term 
of  office  and  all  powers  and  duties  of  each  person  theretofore 
holding  each  such  office  shall  cease  and  be  terminated. 

Section  4.  AhiUiple  Officers.  —  Neither  the  moderator 
nor  any  member  of  the  board  of  selectmen,  the  school  com- 
mittee, or  the  finance  committee  may,  during  the  term  for 
which  he  was  elected  or  appointed,  be  elected  or  appointed 
to  any  other  town  office,  except  as  otherwise  provided  herein. 
Any  person  appointed  by  the  town  manager  to  any  town  office 
under  the  provisions  of  this  act  or  of  any  other  statute  of  the 
commonwealth  shall  be  eligible  during  the  term  of  said  office 
to  appointment  to  any  other  town  office,  except  that  the  town 
accountant  shall  not  be  eligible  to  hold  the  position  of  town 
treasurer  or  of  town  collector.  Subject  to  the  approval  of 
the  selectmen,  the  town  manager  may  assume  the  powers, 
duties  and  responsibiUties  of  any  officer,  board  or  committee 
which  he  is  authorized  to  appoint,  such  assumption  to  be 
evidenced  by  and  effective  upon  the  filing  with  the  town 
clerk  of  a  written  declaration  of  such  assumption  signed  by 
the  town  manager,  and  thereupon  each  officer,  board  or 
committee  whose  powers,  duties  and  responsibilities  are 
so  assumed  by  the  to\\Ti  manager  shall  be  discharged  and 
shall  have  no  further  powers,  duties  or  responsibiUties  as 
such. 

Section  5.  Appointment  of  Tovm  Manager.  —  The  se- 
lectmen elected  as  provided  herein  shall  appoint,  as  soon  as 
practicable,  for  a  term  of  three  years,  a  town  manager  who 
shall  be  a  person  especially  fitted,  in  their  opinion,  by  edu- 
cation, training  and  experience  to  perform  the  duties  of  the 
office.  The  town  manager  shall  be  appointed  without  re- 
gard to  his  poUtical  beliefs.    He  need  not  be  a  resident  of  the 


Acts,  1952.  — Chap.  280.  169 

town  when  appointed,  but  shall  be  a  resident  of  the  town 
during  his  term  of  ofhce.  No  holder  of  elective  office  in  the 
town  shall  within  two  years  of  holding  of  such  office  be 
eligible  for  appointment  as  town  manager.  The  town  man- 
ager may  be  appointed  for  successive  terms  of  office.  Before 
entering  upon  the  duties  of  his  office,  he  shall  be  sworn,  in 
the  presence  of  a  majority  of  the  selectmen,  to  the  faithful 
and  impartial  performance  thereof  by  the  town  clerk  or  by 
a  justice  of  the  peace  or  notary  public.  He  shall  execute  a 
bond  in  favor  of  the  town  for  the  faithful  performance  of 
his  duties  in  such  sum  and  with  such  sureties  as  may  be  fixed 
or  approved  by  the  selectmen. 

Section  6.  Appoiriiment  of  a  Temporary  Town  Manager. 
—  In  the  event  of  the  temporary  absence  or  disability  of  the 
town  manager,  he  may  appoint,  subject  to  the  approval  of 
the  selectmen,  a  suitable  person  to  perform  the  duties  of 
the  manager  during  such  absence  or  disability.  If  the  town 
manager  fails  to  make  such  appointment  or  the  person  so 
appointed  fails  to  serve,  the  selectmen  may  appoint  a  suit- 
able person,  who  may  be  a  selectman,  to  perform  such  duties. 
In  the  event  of  any  vacancy  in  the  office  of  town  manager 
or  the  suspension  of  the  town  manager  as  hereinafter  pro- 
vided, the  selectmen  shall,  within  seven  days,  appoint  the 
person  to  perform  such  duties. 

Section  7.  Removal  of  Manager.  —  The  selectmen  may 
remove  the  town  manager  by  the  affirmative  vote  of  at  least 
three  members  of  the  board.  At  least  thirty  days  before  such 
proposed  removal  shall  become  effective,  the  selectmen  shall 
file  a  preliminary  written  resolution  with  the  to^\Ti  clerk  set- 
ting forth  the  specific  reasons  for  his  proposed  removal.  The 
town  clerk  shall  forthwith  deliver  a  copy  of  such  resolution 
to  the  town  manager  or  mail  the  same  to  him  by  registered 
mail  at  his  last  known  address.  The  manager  may  file  with 
the  selectmen,  within  seven  days  after  receipt  of  such  copy, 
a  written  request  for  a  public  hearing  as  to  the  reasons  for 
his  removal.  If  the  manager  so  requests,  the  board  of  select- 
men shall  hold  a  pubUc  hearing  not  earher  than  ten  days 
nor  later  than  twenty  days  after  the  fihng  of  such  request. 
After  such  public  hearing,  if  any,  otherwise  at  the  expiration 
of  thirty  days  follo\\ing  the  filing  of  the  preliminary  resolu- 
tion, and  after  full  consideration,  the  selectmen,  by  the 
affirmative  vote  of  at  least  three  members  of  the  board  may 
adopt  a  final  resolution  of  removal.  In  the  preliminary 
resolution,  the  selectmen  may  suspend  the  manager  from 
duty,  but  shall  in  any  case  cause  to  be  paid  to  him  forth- 
with any  unpaid  balance  of  his  salary  for  the  then  current 
month  and,  at  the  discretion  of  the  selectmen,  such  addi- 
tional amount  not  in  excess  of  three  months'  salary,  as  the 
selectmen  shall  deem  proper. 

Section  8.  Compensation  of  Manager.  —  The  town  man- 
ager shall  receive  such  compensation  for  all  services  per- 
formed by  him  as  the  selectmen  shall  determine  but  it  shall 
not  exceed  the  amount  appropriated  therefor  by  the  town. 


170  Acts,  1952.  — Chap.  280. 

Section  9.  Powers  and  Duties  of  Manager.  —  In  addi- 
tion to  specific  powers  and  duties  provided  elsewhere  in  this 
act  the  town  manager  shall  have  the  general  powers  and 
duties  enumerated  in  this  section :  — 

(a)  The  town  manager  shall  supervise  and  direct  and  shall 
be  responsible  for  the  efficient  administration  of  all  officers, 
boards  and  committees  appointed  by  him  and  their  respec- 
tive departments. 

(6)  He  may,  with  the  approval  of  at  least  three  of  the 
selectmen,  establish,  combine,  reorganize,  or  discontinue 
departments  under  his  supervision;  and,  with  the  approval 
of  both  the  selectmen  and  the  finance  committee,  he  may 
transfer  all  or  part  of  the  appropriation  of  a  discontinued 
department  to  any  other  department,  any  balance  not  so 
transferred  to  be  returned  to  the  town  treasury. 

(c)  With  respect  to  the  wage  or  salary  and  classification 
of  employees  appointed  by  the  town  manager,  he  shall  be 
governed  by  the  provisions  of  the  Wage  and  Salary  Classi- 
fication Plan  —  Town  of  Concord,  Massachusetts,  as  the 
same  may  be  amended  from  time  to  time  and  for  so  long  as 
the  same  may  remain  in  force. 

(d)  The  town  manager  shall  keep  full  and  complete  records 
of  his  office,  and  shall  render  as  often  as  may  be  required  by 
the  selectmen  a  full  report  of  all  operations  during  the  period 
reported  on. 

(e)  With  the  exception  of  property  under  the  jurisdiction 
of  the  school  committee,  the  town  manager  shall  have  full 
and  exclusive  jurisdiction  over  the  rental  and  use  of  all  town 
property,  and  shall  be  responsible  for  the  proper  mainte- 
nance and  repair  thereof;  and,  upon  request  by  the  school 
committee,  he  shall  be  responsible  for  the  maintenance  and 
repair  of  property  under  its  jurisdiction,  but  only  to  such 
extent  and  for  such  period  as  the  school  committee  shall 
from  time  to  time  specify.  He  shall  be  responsible  for  the 
preparation  of  plans  and  the  supervision  of  work  on  existing 
and  on  new  buildings  and  grounds,  unless  a  special  com- 
mittee of  the  town  is  created  for  such  purpose. 

(J)  The  town  manager  shall  purchase  all  supplies  and 
materials  and  equipment  and  award  all  contracts  for  all 
departments  of  the  town,  but  he  shall  make  purchases  for 
departments  not  under  his  supervision  only  upon  requisition 
duly  authorized  by  the  head  of  such  department. 

(g)  The  town  manager  shall  administer  either  directly 
or  through  a  person  or  persons  appointed  by  him  in  accord- 
ance with  this  act  all  provisions  of  general  and  special  laws 
applicable  to  the  town  and  by-laws  and  votes  of  the  town, 
within  the  scope  of  his  duties,  and  all  rules  and  regulations 
made  by  the  selectmen. 

(h)  The  town  manager,  subject  to  the  approval  of  the 
board  of  selectmen,  shall  have  authority  to  prosecute,  de- 
fend and  compromise  all  Utigation  to  which  the  town  is  a 
party,  and  to  employ  counsel  whenever  in  his  judgment  it 
may  be  necessary. 


Acts,  1952.  — Chap.  280.  171 

(i)  The  town  manager  shall  perform  such  other  duties, 
consistent  with  his  office,  as  may  be  required  by  by-law  or 
vote  of  the  town  or  by  vote  of  the  selectmen. 

Section  10.  Investigation  by  Manager.  —  The  town 
manager  may  without  notice  cause  the  affairs  of  any  com- 
mittee, board,  or  official  under  his  control  or  the  conduct  of 
any  officer  or  employee  thereof  to  be  examined.  The  town 
manager  shall  have  access  to  all  town  books  and  papers  for 
information  necessary  for  the  proper  performance  of  his 
duties. 

Section  11.  Relative  to  Duties  of  Boards  and  Officers  ap- 
pointed by  Town  Manager.  —  Except  as  otherwise  herein 
provided,  each  committee,  board  and  officer  appointed  by 
the  town  manager  shall,  in  the  performance  of  their  duties, 
be  subject  to  the  general  supervision  and  direction  of  the 
town  manager.  Such  committees  and  boards  shall  promptly 
organize  for  the  proper  conduct  of  their  respective  offices. 
Each  committee  and  board  member  and  each  officer  ap- 
pointed by  the  town  manager  shall  hold  office  until  his  suc- 
cessor has  been  appointed  and  qualifies,  unless  his  office  shall 
have  become  vacant  by  reason  of  his  resignation  or  removal. 

Section  12.  Vacancies  to  be  filled  by  Town  Manager.  — 
Any  vacancy  in  an  office  or  committee  or  board  over  which 
the  town  manager  has  power  of  appointment  shall  be  filled 
by  the  town  manager,  as  hereinbefore  provided. 

Section  13.  Oath  of  Office  of  Town  Officials.  —  All  elected 
officials  shall  be  sworn  to  the  faithful  performance  of  their 
respective  duties  by  the  town  clerk  or  a  justice  of  the  peace 
or  notary  public,  except  that  the  town  clerk  shall  be  sworn 
to  the  faithful  performance  of  his  duties  by  the  chairman  of 
the  board  of  selectmen  or  by  a  justice  of  the  peace  or  notary 
public. 

Section  14.  Warrants. — A  copy  of  each  warrant  for  the 
payment  of  town  funds  prepared  by  the  town  accountant 
shall  be  submitted  promptly  to  the  town  manager  who  shall 
make  recommendation  to  the  selectmen  with  respect  to  the 
approval  or  disapproval  by  them  of  each  such  warrant  or  of 
any  item  or  items  in  any  such  warrant. 

Section  15.  Receipts  paid  to  Treasury.  —  Every  official 
shall  pay  into  the  treasury  of  the  town  all  amounts  received 
by  him  on  behalf  of  the  town  and  all  fees  received  by  him  in 
accordance  with  the  provisions  of  any  general  or  special  law 
and  shall  make  a  full  and  true  return  thereof  to  the  town 
accountant. 

Section  16.  Estimates  of  Expenditures.  —  On  or  before 
the  first  day  of  December  of  each  year,  the  town  manager 
shall  submit  to  the  selectmen  a  careful,  detailed  estimate  in 
writing  of  the  probable  expenditures  of  the  town  government 
for  the  ensuing  fiscal  year,  stating  the  amount  requiied  to 
meet  the  interest  and  maturing  bonds  and  notes  or  other 
outstanding  indebtedness  of  the  town,  and  showing  specifi- 
cally the  amount  necessaiy  to  be  provided  for  each  fund  and 
department,  together  with  a  statement  of  the  expenditures 


172  Acts,  1952.  — Chap.  280. 

of  the  town  for  the  same  purposes  in  the  two  preceding  years 
and  an  estimate  of  the  expenditures  for  the  current  year. 
He  shall  also  submit  a  statement  showing  all  revenues  re- 
ceived by  the  town  in  the  two  preceding  fiscal  years  together 
with  an  estimate  of  the  receipts  of  the  current  year  and  an 
estimate  of  the  amount  of  income  from  all  sources  of  revenue 
exclusive  of  taxes  upon  property  in  the  ensuing  year.  He 
shall  report  the  probable  amount  required  to  be  levied  and 
raised  by  taxation  to  defray  all  expenses  and  liabilities  of  the 
town  together  with  an  estimate  of  the  tax  rate  necessary  to 
raise  said  amount.  For  the  purpose  of  enabling  the  town 
manager  to  make  up  the  annual  estimates  of  expenditures, 
all  boards,  officers,  and  committees  of  the  town  shall,  upon 
his  written  request,  furnish  all  information  in  their  possession 
and  submit  to  him  in  writing  a  detailed  estimate  of  the  appro- 
priations required  for  the  efficient  and  proper  conduct  of  their 
respective  departments  during  the  next  fiscal  year. 

Section  17.  Annual  Budget.  —  The  selectmen  shall  con- 
sider the  tentative  budget  submitted  by  the  town  manager 
and  make  such  recommendations  relative  thereto  as  they  may 
deem  expedient  and  proper  in  the  interests  of  the  town.  On 
or  before  the  twentieth  day  of  December  of  each  year  the 
selectmen  shall  transmit  a  copy  of  the  budget  together  with 
their  recommendations  relative  thereto  to  each  member  of 
the  finance  committee. 

Section  18.  Duties  of  Certain  Toion  Officials  relative  to 
Election.  —  It  shall  be  the  duty  of  the  selectmen  and  the 
town  clerk  in  office  and  any  other  town  official  upon  whom 
by  reason  of  his  office  a  duty  devolves  under  the  provisions  of 
this  act,  when  this  act  is  accepted  by  the  registered  voters 
as  herein  provided,  to  comply  with  all  the  requirements  of 
law  relating  to  elections,  to  the  end  that  all  things  may  be 
done  necessary  for  the  nomination  and  election  of  the  officers 
first  to  be  elected  under  this  act. 

Section  19.  Subinission  of  Act  and  Time  of  Taking  Effect. 
—  This  act  shall  be  submitted  to  the  quafified  voters  of  the 
town  of  Concord  for  acceptance  at  the  first  annual  town  elec- 
tion occurring  not  less  than  thirty  days  after  the  passage  of 
this  act.  The  vote  shall  be  taken  by  ballot  in  answer  to  the 
question  which  shall  be  printed  on  the  official  ballot:  "Shall 
an  act  passed  by  the  General  Court  in  the  year  nineteen  hun- 
dred and  fifty-two  entitled  '  An  Act  establishing  a  Selectmen- 
Manager  Form  of  Government  for  the  Town  of  Concord'  be 
accepted?"  If  this  act  shall  be  so  accepted  by  a  majority  of 
the  qualified  voters  voting  thereon  it  shall  become  and  be  in 
fu)l  force  and  effect  immediately  after  the  final  adjournment 
of  the  annual  town  meeting  held  in  the  year  following  the 
year  in  which  this  act  is  so  accepted,  provided,  however,  that 
said  annual  town  meeting  shall  be  held  in  conformance 
with  the  provisions  of  this  act.  If  this  act  is  rejected  by  the 
qualified  voters  of  the  town  of  Concord  when  first  submitted 
to  said  voters  under  this  section,  it  shall  be  submitted  for  ac- 
ceptance in  Uke  manner  to  such  voters  at  the  next  following 


Acts,  1952.  — Chap.  280.  173 

annual  town  election  in  said  town,  and  if  it  is  not  accepted 
at  said  annual  election,  it  shall  again  be  submitted  for  ac- 
ceptance in  like  manner  to  such  voters  at  the  next  following 
annual  town  election,  and,  if  accepted  by  a  majority  of  such 
voters  voting  thereon  at  either  of  said  elections,  shall  take 
effect  as  hereinbefore  provided. 

Section  20.  By-laws,  Rules,  etc.  —  All  laws,  by-laws, 
votes,  rules  and  regulations  in  force  in  the  town  of  Concord 
when  this  act  takes  effect,  not  inconsistent  with  its  provisions, 
whether  enacted  by  authority  of  the  town  or  any  other  au- 
thority, shall  continue  in  full  force  and  effect  until  otherwise 
provided  by  law,  by-law  or  vote;  all  other  laws,  by-laws, 
votes,  rules  and  regulations,  so  far  as  they  refer  to  the  town 
of  Concord,  are  hereby  repealed  and  annulled,  but  such  re- 
peal shall  not  revive  any  pre-existing  enactment. 

Section  21.  Revocation  of  Acceptance. — At  any  time 
after  the  expiration  of  three  years  from  the  date  on  which 
this  act  is  accepted,  and  not  less  than  sixty  days  before  the 
date  of  an  annual  meeting,  a  petition,  signed  by  not  less  than 
twenty  per  cent  of  the  registered  voters  of  the  town,  may  be 
filed  with  the  selectmen,  requesting  that  the  question  of  re- 
voking the  acceptance  of  this  act  be  submitted  to  the  voters 
at  the  next  annual  town  meeting.  At  said  election  the  ques- 
tion shall  be  printed  on  the  official  ballot:  "Shall  the  ac- 
ceptance by  the  town  of  Concord  of  an  act  passed  by  the 
General  Court  in  the  year  nineteen  hundred  and  fifty-two 
entitled  'An  Act  establishing  a  Selectmen-Manager  Form  of 
Government  for  the  Town  of  Concord'  be  revoked?"  If 
such  revocation  is  favored  by  a  majority  of  the  qualified 
voters  voting  thereon,  the  acceptance  of  this  act  shall  be  re- 
voked and  this  act  shall  become  null  and  void  beginning  with 
the  annual  town  meeting  next  following  such  vote,  provided 
that  all  town  officers  holding  office  under  this  act  shall  con- 
tinue to  hold  office  until  their  successors  have  been  duly 
qualified.  At  the  first  annual  town  election  following  such 
vote  of  revocation  the  registered  voters  of  the  town  shall  elect 
by  ballot  all  elective  officers,  boards,  and  committees  whose 
election  to  office  was  required  immediately  prior  to  the  ac- 
ceptance of  this  act,  provided,  however,  that  the  towai  does 
not  vote  to  accept  other  plans  which  provide  for  a  different 
arrangement  from  that  existing  immediately  prior  to  the 
acceptance  of  this  act.  It  shall  be  the  duty  of  the  selectmen 
and  the  town  clerk  in  office  and  any  other  town  official  upon 
whom  by  reason  of  his  office  a  duty  devolves  when  this  act 
is  revoked,  to  comply  with  all  of  the  requirements  of  this  sec- 
tion relating  to  elections,  to  the  end  that  all  things  may  be 
done  necessary  for  the  nomination  and  election  of  the  officers 
required  to  be  elected  following  the  revocation  of  this  act. 
The  said  revocation  shall  not  affect  any  contract  then  exist- 
ing or  any  action  at  law  or  any  suit  in  equity  or  any  other 
proceedings  then  pending,  with  the  exception  of  any  contract 
made  by  the  town  with  the  town  manager  then  in  office, 
whose  contract  shall  be  terminated  immediately  upon  such 


174  Acts,  1952.  — Chap.  281. 

vote,  but  who  shall  receive  three  months'  compensation  from 
the  date  following  such  vote.  The  board  of  selectmen  shall 
be  charged  with  all  the  powers  and  duties  of  the  town  manager 
which  duties  and  responsibilities  may  be  discharged  by  them- 
selves or  by  a  temporary  town  manager  appointed  by  them. 
Any  special  laws  relative  to  said  town  which  are  repealed  by 
this  act  shall  be  revived  by  such  revocation.  All  laws,  by- 
laws, votes,  rules  and  regulations  repealed  and  annulled,  as 
provided  in  section  twenty  shall  be  revived  by  such  revoca- 
tion. By-laws,  votes  and  rules  and  regulations  in  force  when 
said  revocation  takes  effect,  so  far  as  consistent  with  the  gen- 
eral laws  respecting  town  government  and  town  officers  and 
with  special  laws,  shall  not  be  affected  thereby. 

Approved  May  5,  1952. 

Chap. 281  An  Act  relative  to  the  referendum  in  plan  e  cities  on 

THE  question  OP  PROVIDING  FOR  THE  NOMINATIONS  FOR 
CERTAIN  OFFICERS  THEREIN  BY  PRELIMINARY  ELECTION, 
AND   THEIR   ELECTION   BY    ORDINARY    PLURALITY    VOTING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  661  of  the  acts  of  1949  is  hereby 
amended  by  striking  out  section  1  and  inserting  in  place 
thereof  the  following  section:  —  Section  1.  So  much  of  the 
provisions  of  sections  ninety-three  to  one  hundred  and 
sixteen,  inclusive,  of  chapter  forty-three  of  the  General 
Laws  as  provides  for  the  election  by  proportional  repre- 
sentation of  members  of  the  city  council  and  the  school 
committee  in  cities  having  a  Plan  E  form  of  city  charter  is 
hereb}''  repealed. 

Section  2.  Said  chapter  661  is  hereby  further  amended 
by  striking  out  section  3  and  inserting  in  place  thereof  the 
following  section :  —  Section  3.  Upon  petition  of  five  per 
cent  of  the  registered  voters  of  any  city,  which  has  adopted 
the  Plan  E  form  of  city  charter,  filed  with  the  city  clerk  or 
election  commissioners  not  later  than  sixty  days  before  the 
regular  city  election,  this  act  shall  be  submitted  to  the 
registered  voters  of  said  city  at  said  election,  or  if  such  a 
petition  is  filed  with  the  state  secretary  not  later  than  sixty 
days  before  any  biennial  state  election  this  act  shall  be  sub- 
mitted to  the  registered  voters  of  said  city  in  the  form  of  the 
following  question,  which  shall  be  placed  on  the  official 
ballot  to  be  used  in  said  city  at  such  city  or  biennial  state 
election:  —  "Shall  an  act  passed  by  the  General  Court 
entitled  'An  Act  providing  for  the  nomination  of  members 
of  the  city  council  and  the  school  committee  of  Plan  E 
cities  by  preliminary  elections,  and  providing  for  their 
election  by  ordinary  pluraHty  voting',  be  accepted?" 

The  petition  shall  be  submitted  to  the  registrars  of  voters 
for  the  certification  of  the  names  thereon  not  later  than  five 
o'clock  post  meridian  of  the  seventh  day  preceding  the  day 
on  which  it  must  be  filed  with  the  city  clerk  or  the  state 
secretary.  Approved  May  5,  1952. 


Acts,  1952.  —  Chaps.  282,  283.  175 


An  Act  making  the  declaration  of  independence  and  Chav. 2S2 

THE  bill  of  rights  REQUIRED  SUBJECTS  OF  INSTRUCTION 
IN   PUBLIC    ELEMENTARY   AND   HIGH   SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  71  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Xer 
striking  out  section  2,  as  most  recently  amended  by  chap-  ftc^iam^uded. 
ter  468  of  the  acts  of  1949,  and  inserting  in  place  thereof  the 
following :  —  Section  2.     In  all  public  elementary  and  high  ppciaration  of 
schools  American  history  and  civics,  including  the  constitu-  Lnd' thelTnf oi 
tion  of  the  United  States,  the  declaration  of  independence  re^r^u'ire?  ^^ 
and  the  bill  of  rights,  and  in  all  pubUc  high  schools  the  con-  subjects  of 
stitution  of  the  commonwealth  and  local  history  and  govern-  c"ftain*^sdiooi8. 
ment,  shall  be  taught  as  required  subjects  for  the  purpose 
of  promoting  civic  service  and  a  greater  knowledge  thereof, 
and  of  fitting  the  pupils,  morally  and  intellectually,  for  the 
duties  of  citizenship.  Approved  May  5,  1952. 

An  Act  establishing  in  the  town  of  Plymouth  repre-  QIiqj)  283 
sentative     town     government     by     limited     town 

meetings. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  is  hereby  established  in  the  town  of 
Plymouth  the  form  of  representative  town  government 
by  limited  town  meetings  hereinafter  set  forth. 

Section  2.  Upon  acceptance  of  this  act  by  the  town  of 
Plymouth,  as  hereinafter  provided,  the  selectmen  and  the 
board  of  registrars  of  voters,  acting  jointly,  and  hereinafter 
referred  to  as  the  districting  board,  shall  forthwith  divide 
the  territory  thereof  into  not  less  than  five  nor  more  than 
eight  voting  precincts,  each  of  which  shall  be  plainly  desig- 
nated and  shall  contain  not  less  than  four  hundred  registered 
voters. 

The  precincts  shall  be  so  established  as  to  consist  of  com- 
pact and  contiguous  territory,  to  be  bounded  as  far  as  possible 
by  the  center  line  of  known  streets  and  ways  or  by  other  well 
defined  limits.  Their  boundaries  shall  be  reviewed  and,  if 
need  be,  wholly  or  partly  revised  by  the  districting  board  in 
December,  once  in  five  years,  or  in  December  of  any  year 
when  so  directed  by  a  vote  of  an  annual  representative  town 
meeting. 

The  districting  board  shall,  within  ten  days  after  any 
establishment  or  revision  of  the  precincts,  file  a  report  of  its 
doings  with  the  town  clerk,  the  registrars  of  voters  and  the 
assessors,  with  a  map  or  maps  or  descriptions  of  the  precincts 
and  the  names  and  residences  of  the  registered  voters  therein. 
The  districting  board  shall  also  cause  to  be  posted  in  the 
town  hall  a  map  or  maps  or  description  of  the  precincts  as 
established  or  revised  from  time  to  time,  with  the  names 
and  residences  of  the  registered  voters  therein ;  and  it  shall 
also  cause  to  be  posted  in  at  least  one  public  place  in  each 


176  Acts,  1952.  — Chap.  283. 

precinct  a  map  or  description  of  that  precinct  with  the 
names  and  residences  of  the  registered  voters  therein.  The 
division  of  the  town  into  voting  precincts  and  any  revision 
of  such  precincts  shall  take  effect  upon  the  date  of  filing  of  the 
report  thereof  by  the  districting  board  with  the  town  clerk. 
WTienever  the  precincts  are  established  or  revised  the  town 
clerk  shall  forthwith  give  written  notice  thereof  to  the  state 
secretary,  stating  the  number  and  designation  of  the 
precincts. 

Meetings  of  the  registered  voters  of  the  several  precincts 
for  elections,  for  primaries,  and  for  voting  upon  any  question 
to  be  submitted  to  all  registered  voters  of  the  town,  shall 
be  held  on  the  same  day  and  at  the  same  hour  and  at  such 
place  or  places  within  the  town  as  the  selectmen  shall  in  the 
warrant  for  such  meetings  direct.  The  provisions  of  chap- 
ters fifty  to  fifty-six,  inclusive,  of  the  General  Laws,  relating 
to  precinct  voting  at  elections,  so  far  as  the  same  are  not 
inconsistent  with  this  act,  shall  apply  to  all  elections  and 
primaries  in  the  town  upon  the  establishment  of  voting 
precincts  as  hereinbefore  provided. 

Section  3.  Other  than  the  officers  designated  in  sec- 
tion four  as  town  meeting  members  at  large,  the  representa- 
tive town  meeting  membership  shall  in  each  precinct  consist 
of  the  largest  number  divisible  by  three  which  will  admit  of  a 
representation  thereof  in  the  approximate  proportion  which 
the  number  of  registered  voters  therein  bears  to  the  total 
number  of  registered  voters  in  the  town,  and  which  will 
cause  the  total  elected  membership  to  be  as  nearly  two 
hundred  as  may  be. 

The  registered  voters  in  every  precinct,  at  the  first  annual 
town  election  held  after  the  estabhshment  of  such  precinct, 
and  the  registered  voters  of  any  precinct  affected  by  any 
revision  of  precincts  at  the  first  annual  town  election  follow- 
ing such  revision,  conformably  to  the  laws  relative  to  elec- 
tions not  inconsistent  with  this  act,  shall  elect  by  ballot 
as  town  meeting  members  the  number  of  registered  voters 
in  the  precinct,  other  than  the  officers  designated  in  this 
act  as  town  meeting  members  at  large,  provided  for  in  the 
preceding  sentence.  The  first  third,  in  order  of  votes  re- 
ceived, of  members  so  elected  shall  serve  three  years,  the 
second  third  in  such  order  shall  serve  two  years,  and  the 
remaining  third  in  such  order  shall  serve  one  year,  from  the 
day  of  the  annual  town  meeting.  In  case  of  a  tie  vote 
affecting  the  division  into  thirds,  as  aforesaid,  the  members 
elected  from  the  precinct  shall  by  ballot  determine  the 
same.  Thereafter,  except  as  is  otherwise  provided  herein, 
at  each  annual  town  election  the  registered  voters  of  each 
precinct  shall  in  like  manner  elect,  for  the  term  of  three 
years,  one  third  of  the  number  of  elected  town  meeting 
members  to  which  such  precinct  is  entitled,  and  shall  at  such 
election  fill  for  the  unexpired  term  or  terms  any  vacancy  or 
vacancies  then  existing  in  the  number  of  elected  town 
meeting  members  in  such  precinct. 


Acts,  1952.  — Chap.  283.  177 

The  terms  of  office  of  all  elected  town  meeting  members 
from  every  precinct  revised  as  aforesaid  shall  cease  upon  the 
election  as  hereinbefore  provided  of  their  successors.  The 
town  clerk  shall,  after  every  election  of  town  meeting  mem- 
bers, forthwith  notify  each  such  member  by  mail  of  his 
election. 

Section  4.  Any  representative  town  meeting  held  under 
the  provisions  of  this  act,  except  as  otherwise  provided 
herein,  shall  be  limited  to  the  town  meeting  members  elected 
under  section  three,  together  with  the  following,  to  be  desig- 
nated town  meeting  members  at  large:  any  member  of  the 
general  court  of  the  commonwealth  who  is  a  registered 
voter  of  the  town,  the  town  moderator,  the  town  clerk,  and 
one  member  of  the  following  boards  to  be  designated  by  the 
respective  board:  advisory  and  finance  committee,  board  of 
assessors,  cemetery  commissioners,  park  commissioners, 
planning  board,  commission  of  pubhc  safety,  board  of  public 
welfare,  commission  of  public  works,  school  committee, 
board  of  selectmen  and  the  water  commissioners.  All  the 
foregoing  shall  be  included  within  the  general  designation 
of  town  meeting  members. 

The  town  clerk  shall  notify  the  town  meeting  members 
of  the  time  and  place  at  which  representative  town  meetings 
are  to  be  held,  the  notices  to  be  sent  by  mail  at  least  seven 
days  before  the  meeting.  The  town  meeting  members,  as 
aforesaid,  shall  be  the  judges  of  the  election  and  quahfications 
of  their  members.  A  majority  of  the  town  meeting  members 
shall  constitute  a  quorum  for  doing  business;  but  a  less 
number  may  organize  temporarily  and  may  adjourn  from 
time  to  time,  but  no  town  meeting  shall  adjourn  over  the 
date  of  an  election  of  town  meeting  members.  The  town 
meeting  members  as  such  shall  receive  no  compensation. 
All  town  meetings  shall  be  public.  Subject  to  such  condi- 
tions as  may  be  determined  from  time  to  time  by  the  members 
of  the  representative  town  meeting,  any  registered  voter  of 
the  town  who  is  not  a  town  meeting  member  may  speak  at 
any  representative  town  meeting,  but  shall  not  vote.  Any 
elected  town  meeting  member  who  becomes  by  appointment 
or  election  one  of  the  officers  designated  as  town  meeting 
members  at  large  shall  upon  such  appointment  or  election 
cease  to  be  an  elected  town  meeting  member.  A  town 
meeting  member  may  resign  by  filing  a  written  resignation 
with  the  town  clerk,  and  such  resignation  shall  take  effect 
on  the  date  of  such  fifing.  A  town  meeting  member  who 
removes  from  the  town  shall  cease  to  be  a  town  meeting 
member,  and  a  town  meeting  member  who  removes  from 
the  precinct  from  which  he  was  elected  to  another  precinct 
may  serve  only  until  the  next  annual  town  meeting. 

Section  5.  Nomination  of  candidates  for  town  meeting 
members,  to  be  elected  under  this  act,  shall  be  from  among 
the  registered  voters  of  the  precinct.  Nomination  papers 
shall  bear  no  political  designation,  shall  be  signed  by  not 
less  than  ten  registered  voters  of  the  precinct  in  which  the 


178  Acts,  1952. —  Chap.  283. 

candidate  resides,  and  shall  be  filed  with  the  town  clerk  not 
later  than  the  last  day  that  nomination  papers  of  candidates 
for  other  town  offices  must  be  filed.  Any  town  meeting 
member  may  become  a  candidate  for  re-election  by  giving 
written  notice  thereof  to  the  town  clerk  at  least  fourteen 
days  prior  to  the  last  day  for  filing  nomination  papers.  The 
words  "Candidate  for  Re-election"  must  be  printed  on  the 
ballot  opposite  the  names  of  such  candidates.  No  nomi- 
nation papers  shall  be  valid  in  respect  to  any  candidate 
unless  his  written  acceptance  is  endorsed  thereon  or  attached 
thereto  when  filed.  The  town  clerk  shall  notify  by  mail  all 
town  meeting  members  of  the  expiration  of  their  term  at 
least  thirty  days  before  the  last  day  for  filing  nomination 
papers. 

Section  6.  The  articles  in  the  warrant  for  every  town 
meeting,  so  far  as  they  relate  to  the  election  of  the  moderator, 
town  officers  and  town  meeting  members,  and  as  herein 
provided,  to  referenda,  and  all  matters  to  be  acted  upon  and 
determined  by  ballot,  shall  be  so  acted  upon  and  determined 
by  the  registered  voters  of  the  town  in  their  respective 
precincts.  All  other  articles  in  the  warrant  for  any  town 
meeting  shall  be  acted  upon  and  determined  exclusively  by 
town  meeting  members  at  a  meeting  to  be  held  at  such  time 
and  place  as  shall  be  set  forth  by  the  selectmen  in  the  warrant 
for  the  meeting,  subject  to  the  referendum  provided  for  by 
section  nine. 

Section  7.  A  moderator  shall  be  elected  by  ballot  at 
each  annual  town  election,  and  shall  serve  as  moderator 
of  all  town  meetings,  except  as  otherwise  provided  by  law, 
until  a  successor  is  elected  and  qualified.  Nominations  for 
and  election  of  a  moderator  shall  be  as  in  the  case  of  other 
elective  town  officers,  and  any  vacancy  in  the  office  may  be 
filled  by  the  town  meeting  members  at  a  meeting  held  for 
that  purpose.  If  a  moderator  is  absent,  a  moderator  pro 
tempore  may  be  elected  by  the  town  meeting  members. 

Section  8.  Any  vacancy  in  the  full  number  of  town 
meeting  members  from  any  precinct,  whether  arising  from  a 
failure  of  the  registered  voters  thereof  to  elect,  or  from  any 
other  cause,  may  be  filled  until  the  next  annual  election  by 
the  remaining  town  meeting  members  of  the  precinct  from 
among  the  registered  voters  thereof.  Upon  petition  there- 
for, signed  by  not  less  than  ten  town  meeting  members  from 
the  precinct,  notice  of  any  vacancy  shall  be  promptly  given 
by  the  town  clerk  to  the  remaining  members  from  the  pre- 
cinct in  which  the  vacancy  or  vacancies  exist,  and  he  shall 
call  a  special  meeting  of  such  members  for  the  purpose  of 
filling  such  vacancy  or  vacancies.  He  shall  cause  to  be 
mailed  to  every  such  member,  not  less  than  five  days  before 
the  time  set  for  the  meeting,  a  notice  specifying  the  object, 
time  and  place  of  the  meeting.  At  the  said  meeting  a  ma- 
jority of  the  members  of  the  precinct  shall  constitute  a 
quorum,  and  they  shall  elect  from  their  own  number  a  chair- 
man and  clerk.    The  choice  to  fill  any  vacancy  shall  be  by 


Acts,  1952.  — Chap.  283.  179 

ballot,  and  a  majority  of  the  votes  cast  shall  be  required  for 
a  choice.  The  chairman  and  clerk  shall  count  the  ballots 
and  shall  make  a  certificate  of  the  choice  and  forthwith  file 
the  same  with  the  towTi  clerk,  together  with  the  written 
acceptance  by  the  member  or  members  so  chosen,  who  shall 
thereupon  be  deemed  elected  and  qualified  as  a  town  meet- 
ing member  or  members,  subject  to  the  right  of  all  town 
meeting  members  to  judge  of  the  election  and  qualifications 
of  the  members  as  set  forth  in  this  act. 

Section  9.  No  vote,  except  a  vote  to  adjourn  or  a  vote 
authorizing  the  borrowing  of  money  in  anticipation  of  the 
receipt  of  taxes,  passed  at  any  representative  town  meeting 
shall  be  operative  until  after  the  expiration  of  ten  days,  ex- 
clusive of  Sundays  and  holidays,  from  the  dissolution  of  the 
meeting.  If  within  the  said  ten  days,  a  petition,  signed  by 
not  less  than  three  per  cent  of  the  registered  voters  in  the 
town,  containing  their  names  and  addresses  as  they  appear 
on  the  list  of  registered  voters,  is  filed  with  the  selectmen 
asking  that  the  question  or  questions  involved  in  such  a  vote 
be  submitted  to  the  registered  voters  of  the  town  at  large, 
then  the  selectmen,  after  the  expiration  of  five  days,  shall 
forthwith  call  a  special  meeting  for  the  sole  purpose  of  pre- 
senting to  the  registered  voters  at  large  the  question  or  ques- 
tions so  involved.  The  polls  shall  be  opened  at  two  o'clock 
in  the  afternoon  and  shall  be  closed  not  earlier  than  eight 
o'clock  in  the  evening,  and  all  votes  upon  any  question  so 
submitted  shall  be  taken  by  ballot,  and  the  check  list  shall 
be  used  in  the  several  precinct  meetings  in  the  same  manner 
as  in  the  election  of  town  officers.  The  questions  so  submitted 
shall  be  determined  by  a  majority  vote  of  the  registered 
voters  voting  thereon,  but  no  action  of  the  representative 
town  meeting  shall  be  reversed  unless  at  least  ten  per  cent 
of  the  registered  voters  shall  vote  to  reverse.  Each  question 
so  submitted  shall  be  in  the  form  of  the  following  question, 
which  shall  be  placed  upon  the  official  ballot:  —  "Shall  the 
town  vote  to  approve  the  action  of  the  representative  town 
meeting  whereby  it  was  voted  (brief  description  of  the  sub- 
stance of  the  vote)?"  If  such  petition  is  not  filed  within 
said  period  of  ten  days,  the  vote  of  the  representative  town 
meeting  shall  become  operative  and  effective  upon  the  ex- 
piration of  said  period. 

Section  10.  The  town  of  Plymouth,  after  the  accept- 
ance of  this  act,  shall  have  the  capacity  to  act  through  and 
be  bound  by  its  town  meeting  members,  who  shall,  when 
convened  from  time  to  time  as  herein  provided,  constitute 
representative  town  meetings;  and  the  representative  town 
meetings  shall  exercise  exclusively,  so  far  as  will  conform  to 
the  provisions  of  this  act,  all  powers  vested  in  the  municipal 
corporation.  Action  in  conformity  with  all  provisions  of  law 
now  or  hereinafter  appUcable  to  the  transaction  of  town 
affairs  in  town  meeting  shall,  when  taken  by  any  representa- 
tive town  meeting  in  accordance  with  the  provisions  of  this 
act,  have  the  same  force  and  effect  as  if  such  action  had  been 


180  Acts,  1952.  — Chap.  284. 

taken  in  a  town  meeting  open  to  all  the  voters  of  the  town 
as  organized  and  conducted  before  the  establishment  in  said 
town  of  representative  town  meeting  government. 

Section  11.  The  representative  town  meeting  may  make 
such  rules  consistent  with  general  law  as  may  be  considered 
necessary  for  conducting  its  meetings. 

Section  12.  This  act  shall  not  abridge  the  right  of  the 
inhabitants  of  the  town  of  Plymouth  to  hold  general  meet- 
ings, as  secured  to  them  by  the  constitution  of  this  common- 
wealth; nor  shall  this  act  confer  upon  any  representative 
town  meeting  in  the  town  of  Plymouth  the  power  finally  to 
commit  the  town  to  any  measure  affecting  its  municipal 
existence  or  substantially  changing  its  form  of  government 
without  action  thereon  by  the  voters'  of  the  town  at  large, 
using  the  ballot  and  the  check  list  therefor. 

Section  13.  This  act  shall  be  submitted  to  the  registered 
voters  of  the  town  of  Plymouth  at  the  biennial  state  election 
in  the  year  nineteen  hundred  and  fifty-two.  The  vote  shall 
be  taken  by  ballot  in  accordance  with  the  provisions  of  the 
General  Laws,  so  far  as  the  same  shall  be  applicable,  in  answer 
to  the  question,  which  shall  be  placed  upon  the  ballot  to  be 
used  in  said  town  for  the  election  of  state  officers:  —  "Shall 
an  act  passed  by  the  General  Court  in  the  year  nineteen 
hundred  and  fifty-two,  entitled  'An  Act  establishing  in  the 
town  of  Plymouth  representative  town  government  by 
limited  town  meetings',  be  accepted  by  this  town?"  The 
provisions  of  this  act  shall  take  effect  upon  its  acceptance 
by  a  majority  of  the  voters  voting  on  the  question. 

Section  14.  If  this  act  is  not  accepted  by  the  registered 
voters  of  the  town  of  Plymouth  when  submitted  to  said 
voters  under  section  thirteen,  it  shall  again  be  submitted  for 
acceptance  in  like  manner  from  time  to  time  to  such  voters 
at  any  annual  town  election  in  said  town  within  five  years 
thereafter,  upon  a  petition  signed  by  at  least  ten  registered 
voters  of  the  town.  Approved  May  6,  1952. 


Chap.2S4  An  Act  relative  to  the  carrying  and  use  of  bows  and 

ARROWS   WHILE   HUNTING. 

Be  it  enacted,  etc.,  as  follmvs: 

Eci^iJr§8i       Chapter  131  of  the  General  Laws  is  hereby  amended  by 
etc., 'amended.'  striking  out  scction  81,  as  appearing  in  section  2  of  chap- 
ter 599  of  the  acts  of  1941,  and  inserting  in  place  thereof  the 
Fnd  wrowT      following:  —  Section  SI.    No  person  shall  carry  or  use  a  bow 
while  hunting,    and  arrow  while  hunting  unless  said  bow  and  arrow  meet 
regulated.         ^^^j^  requirements  as  may  be  set  by  rules  and  regulations 
which  the  director  is  hereby  authorized  and  directed  to 
promulgate  from  time  to  time.     Such  rules  and  regulations 
shall  include  general  design,  weight  of  pull,  and  type  of  bows 
and  arrows  and  shall  conform  to  standards  generally  accepted 
for  bows  and  arrows  used  for  hunting  purposes. 

Approved  May  5,  1952. 


Acts,  1952. —  Chaps.  285,  286,  287.  181 

An  Act  relative  to  the   excise  tax   on   registered  Q^ku)  285 

MOTOR   vehicles.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  lA  of  chapter  60A  of  the  General  Laws,  inserted  ^j^^'ij^''- 
by  chapter  484  of  the  acts  of  1949,  is  hereby  amended  by  add-  §'ia',  etc.,' 
ing  at  the  end  the  following  sentence :  —  If  a  motor  vehicle  is  ^TT^  ux  on 
sold  the  excise  tax  shall  be  prorated  to  the  month  prior  to  motorvehides. 
the  sale,  and  if  a  motor  vehicle  is  purchased  said  excise  tax 
shall  be  prorated  to  the  month  of  purchase. 

Approved  May  5,  1952. 

An  Act  relative  to  the  manufacture  and  sale  of  the  n^nry  986 
instrument  or  weapon  known  as  a  sling  shot.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Chapter  269  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section  12,  as  amended  by  chapter  219  of  the  etl.'ameAded!^' 
acts  of  1951,  and  inserting  in  place  thereof  the  following  sec- 
tion:—  Section  12.    Whoever  manufactures  or  causes  to  be  Manufacture 
manufactured,  or  sells  or  exposes  for  sale,  an  instrument  or  ^ung^shots!  etc., 
weapon  of  the  kind  usually  known  as  slung  shot,  sling  shot,  regulated.' 
bean  blower,  sword  cane,  pistol  cane,  bludgeon,  blackjack, 
or  metallic  knuckles,  shall  be  punished  by  a  fine  of  not  less 
than  fifty  nor  more  than  two  hundred  dollars  or  by  im- 
prisonment for  not  more  than  six  months;  provided,  however, 
that  sling  shots  may  be  manufactured  and  sold  to  clubs  or 
associations  conducting  sporting  events  where  such  sUng 
shots  are  used.  Approved  May  5,  1952. 

An  Act  relative  to  the  operation  of  trackless  trolleys,  fhnj)  987 

Whereas,  The  purpose  of  this  act  is  to  make  certain  per-  Emergency 
fecting  changes  in  section  ten  A  of  chapter  ninety  of  the  P'^«='"''^'e- 
General  Laws,  as  appearing  in  chapter  one  hundred  and 
twenty-six  of  the  acts  of  nineteen  hundred  and  fifty-two, 
therefore  this  act  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  10 A  of  chapter  90  of  the  General  ^j^-g^"^"- 
Laws,  inserted  by  chapter  126  of  the  acts  of  1952,  is  hereby  uoA^etc, 
amended  by  adding  at  the  end  the  following  paragraph:  —  amended. 

The  provisions  of  this  section  shall  not  apply  to  persons  operation  of 
who,  prior  to  the  effective  date  of  this  section,  had  operated  troUeys,^ 
trolleymotors  or  trackless  trolleys  for  at  least  four  months  regulated. 
and  who  had  not  been  licensed  to  operate  motor  vehicles 
by  the  registrar. 

Section  2.    This  act  shall  be  operative  as  of  the  effective  Effective 
date  of  chapter  one  hundred  and  twenty-six  of  the  acts  of  '*''*^ 
nineteen  hundred  and  fifty-two.      Approved  May  8,  1962. 


182  Acts,  1952.  —  Chaps.  288,  289,  290. 


C hap. 2SS  An  Act  providing  that  the  towns  of  abington   and 

ROCKLAND    MAY    SELL    WATER    TO    CERTAIN     INHABITANTS 
OF   THE   TOWN    OF   HINGHAM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  towns  of  Abington  and  Rockland, 
acting  through  their  joint  board  of  water  commissioners, 
as  constituted  under  the  provisions  of  chapter  two  hundred 
and  six  of  the  acts  of  eighteen  hundred  and  eighty-five, 
and  with  the  approval  of  the  Hingham  Water  Company, 
may  furnish  and  sell  water  to  the  inhabitants  of  the  town  of 
Hingham  residing  along  Abington  street.  The  said  board  of 
water  commissioners  may  supervise  such  extensions  of  the 
water  mains  and  such  installations  of  other  facihties  and 
equipment  within  the  limits  of  the  town  of  Hingham  as 
may  be  necessary  for  the  purposes  of  this  act;  provided, 
that  such  extensions  and  installations  as  are  made  within 
the  limits  of  the  town  of  Hingham  shall  be  subject  in  all 
respects  to  the  approval  of  the  selectmen  of  the  town  of 
Hingham. 

Section  2.  All  costs  of  installations  of  facihties  and 
equipment  under  the  provisions  of  this  act  shall  be  borne 
in  full  by  the  inhabitants  of  the  town  of  Hingham  residing 
along  Abington  street.  The  said  board  of  water  commis- 
sioners shall  maintain  and  repair  such  mains. 

Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  8,  1952. 

C hap. 2S9  An  Act  reviving  bangor  creamery  co.  inc. 

prearabiT"'^  ^Vkcrcas,  The  deferred  operation  of  this  act  would  delay 

the  corporation  revived  thereby  in  resuming  the  exercise  of 
its  former  corporate  powers,  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  pres- 
ervation of  the  pubhc  convenience. 

Be  it  enacted,  etc.,  as  folloios: 

Bangor  Creamery  Co.  Inc.,  a  corporation  dissolved  June 
ninth,  nineteen  hundred  and  forty- thI^ee  by  decree  of  the 
supreme  judicial  court,  is  hereby  revived  and  continued  for 
a  period  of  six  months,  for  the  sole  purpose  of  conveying  and 
transferring  certain  property  of  the  corporation. 

Approved  May  8,  1952. 


Chap. 2^0  An  Act  authorizing  the  city  of  Worcester  to  borrow 

MONEY    FOR   SCHOOL   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Worcester  may,  within  a  period 
of  five  years  from  the  passage  of  this  act,  incur  indebtedness 
in  an  amount  not  exceeding  six  hundred  and  twenty-five 
thousand  dollars  for  the  construction  of  an  elementary  school 


Acts,  1952. —Chaps.  291,  292.  183 

building  on  Richmond  avenue  near  Flagg  street,  including 
the  cost  of  original  equipment  and  furnishings  for  said  school 
building,  and  may  issue  bonds  or  notes  therefor  which  shall 
bear  on  their  face  the  words  "Worcester  School  Building 
Loan,  Act  of  1951". 

Each  authorized  issue  shall  constitute  a  separate  loan,  and 
such  loans  shall  be  payable  in  not  more  than  twenty  years 
from  their  dates,  but  no  loan  shall  be  authorized  under  this 
act  unless  the  sum  of  forty-five  thousand  dollars  is  voted  for 
the  same  purpose,  to  be  provided  from  taxation  or  available 
revenue  funds  of  the  year  when  authorized.  Indebtedness 
incurred  under  this  act  shall  be  in  excess  of  the  amount  au- 
thorized by  chapter  two  hundred  and  eleven  of  the  Special 
Acts  of  nineteen  hundred  and  sixteen,  as  amended  by  chap- 
ter one  hundred  and  thirty-eight  of  the  acts  of  nineteen  hun- 
dred and  twenty,  and  in  excess  of  the  amount  authorized  by 
chapter  forty-four  of  the  General  Laws.  Except  as  provided 
herein,  indebtedness  incurred  under  this  act  shall  be  subject 
to  the  applicable  provisions  of  said  chapter  forty-four,  ex- 
clusive of  the  limitations  contained  in  the  first  paragraph  of 
section  seven  thereof. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  8,  1952. 


An  Act  authorizing  the  town  of  Manchester  to  pay  Cha'p,2^\ 

A    SUM    OF    MONEY    TO    FISHER    AND    GEORGE    ELECTRICAL 
CO.,    INC.    FOR   WORK   DONE. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  For  the  purpose  of  discharging  a  moral  ob- 
ligation, the  town  of  Manchester  is  hereby  authorized  to 
pay  to  Fisher  and  George  Electrical  Co.,  Inc.,  from  an  appro- 
priation available  therefor,  the  sum  of  three  thousand  one 
hundred  and  fifty  dollars  for  work  done  at  the  Gravel  Pond 
Pumping  Station  in  the  conversion  of  said  station  to  auto- 
matic control,  which  obhgation  is  legally  unenforceable  by 
reason  of  the  failure  of  said  town  to  comply  with  its  by-law 
requiring  a  written  contract  and  public  advertising  for  bids. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  8,  1952. 


An  Act  authorizing  the  town  of  Manchester  to  pay  njig^r)  292 

A    sum    of    money    to    the    LAWRENCE    MACHINE    &    PUMP  ^' 

CORPORATION   FOR  WORK   DONE, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral  ob- 
hgation, the  town  of  Manchester  is  hereby  authorized  to 
pay  to  the  Lawrence  Machine  &  Pump  Corporation,  from 
an  appropriation  available  therefor,  the  sum  of  one  thousand 
three  hundred  and  thirty-two  dollars  for  equipment  sup- 
phed  and  labor  furnished  at  the  Gravel  Pond  Pumping  Sta- 


184  Acts,  1952.  —  Chaps.  293,  294,  295. 

tion  during  the  year  nineteen  hundred  and  fifty-one,  in  the 
conversion  of  said  station  to  automatic  control,  which  ob- 
hgation  is  legally  unenforceable  by  reason  of  the  failure  of 
said  town  to  comply  with  its  by-law  requiring  a  written  con- 
tract and  public  advertising  for  bids. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  8,  1952. 


Chap. 293  An  Act  authorizing  the  city  of  la  whence  to  construct 

AND  MAINTAIN  AN  ELEMENTARY  SCHOOL  ON  CERTAIN  LAND 
WITHIN  THE  LIMITS  OF  THE  WARD  FIVE  PLAYGROUND. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Lawrence  is  hereby  authorized, 
notwithstanding  any  limitation  contained  in  chapter  forty- 
five  of  the  General  Laws,  to  build,  equip  and  maintain  for 
public  school  purposes  an  elementary  school  building  within 
the  limits  of  the  Ward  Five  Playground,  also  known  as  the 
Bruce  School  Playground,  which  playground  was  acquired 
by  said  city  for  park  and  recreational  purposes  by  eminent 
domain  proceedings  in  July  and  October,  nineteen  hundred 
and  forty-eight,  and  recorded  in  the  registry  of  deeds  for  the 
northern  district  of  Essex  county.  Said  elementary  school 
shall  be  located  on  a  tract  of  land  adjacent  to  and  on  the 
easterly  side  of  the  playground,  and  shall  extend  into  the 
playground  area.  Said  elementary  school  shall  be  so  lo- 
cated as  not  to  interfere  with  or  infringe  upon  the  use  for 
recreational  or  athletic  purposes  of  any  part  of  the  play- 
ground area  then  so  used. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  8,  1952. 

Chap. 294:  An  Act  repealing  certain  provisions  of  law  authoriz- 
ing   the    city    of    LAWRENCE    TO    BORROW    MONEY     FOR 

school  purposes. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  Chapter  603  of  the  acts  of  1951  is  hereby 
repealed. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  8,  1952. 

Chap. 29b  An  Act  relative  to  appropriations  by  the  town  of 

NANTUCKET    FOR    MUNICIPAL    ADVERTISING    PURPOSES    AND 
FOR   PUBLIC   AMUSEMENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  1  of  chapter  139  of  the  acts  of  1937, 
as  most  recently  amended  by  section  1  of  chapter  62  of  the 
acts  of  1950,  is  hereby  further  amended  by  striking  out,  in 
line  3,  the  word  "ten"  and  inserting  in  place  thereof  the 


Acts,  1952.  —  Chaps.  296,  297.  185 

word :  —  twenty,  —  so  as  to  read  as  follows :  —  Section  1 . 
The  town  of  Nantucket  may,  by  a  majority  vote,  appropri- 
ate each  year  a  sum  not  exceeding  twenty  thousand  dollars 
for  advertising  the  advantages  of  the  town  and  for  providing 
amusements  or  entertainments  of  a  public  character.  The 
money  so  appropriated  by  the  town  shall  be  expended  under 
the  direction  of  the  board  of  selectmen. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  8,  1952. 

An  Act  providing  for  payment  to  the  soldiers'  home  Chav.29i^ 

IN  MASSACHUSETTS  AND  THE  SOLDIERS'  HOME  IN  HOLYOKE 
BY  CERTAIN  CORPORATIONS  FOR  SURGICAL,  DENTAL  OR 
MEDICAL   SERVICES. 

Whereas,    The  deferred  operation  of  this  act  would  tend  ^^'^^fj'^ 
to  defeat  its  purpose  by  depriving  the  commonwealth  of 
income  from  the  source  therein  provided  for,  therefore  it  is 
hereby  declared  to  be  an  emergency  law  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Corporations  formed  under  chapter  176B  or  chapter  176C 
of  the  General  Laws  and  others  who  provide  insurance  for 
surgical,  dental  or  medical  services,  or  are  otherwise  covered 
by  their  contracts  with  subscribers,  may  enter  into  contracts 
with  the  trustees  of  the  Soldiers'  Home  in  Massachusetts 
and  the  Soldiers'  Home  in  Holyoke  to  provide  payment  for 
such  surgical,  dental  or  medical  services  for  subscribers  em- 
ployed by  said  Soldiers'  Homes,  or  who  are  veterans  of  the 
commonwealth  eligible  for  the  benefits  of  the  services  of  the 
respective  Soldiers'  Homes.  The  contract  fees  established 
for  other  general  hospitals  shall  be  the  maximum  established 
as  charges  for  such  services.  Approved  May  8,  1952. 

An  Act  authorizing  the  conveyance  by  the  common-  njidj)  297 

WEALTH    TO    THE    UNITED    AMERICAN    VETERANS    OF    THE  ^' 

UNITED  STATES  OF  AMERICA,  INC.  OF  A  CERTAIN  PARCEL 
OF  LAND  SITUATED  IN  THE  CITY  OF  TAUNTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  commissioner  of  the  department  of 
mental  health,  in  the  name  and  on  behalf  of  the  common- 
wealth, is  hereby  authorized,  subject  to  the  approval  of  the 
governor  and  council,  to  convey  for  a  nominal  consideration 
to  the  United  American  Veterans  of  the  United  States  of 
America,  Inc.,  a  corporation  duly  organized  under  the  laws 
of  the  commonwealth  of  Massachusetts,  to  have  and  to  hold 
so  long  as  it  is  used  by  the  said  corporation  for  the  sole  pur- 
pose of  a  recreational  camp  for  underprivileged  children,  by 
a  deed  approved  as  to  form  by,  the  attorney  general,  all  the 
right,  title  and  interest  of  the  commonwealth  in  and  to  a 
certain  parcel  of  land  situated  in  the  city  of  Taunton;  pro- 
vided, that  said  United  American  Veterans  of  the  United 


186  Acts,  1952. —  Chaps.  298,  299. 

States  of  America,  Inc.  accept  this  parcel  of  land  within  two 
years  after  the  effective  date  of  this  act;  and  further  pro- 
vided, that  said  right,  title  and  interest  shall  revert  to  and 
revest  in  the  commonwealth  whenever  said  area  shall  cease 
to  be  used  by  said  United  American  Veterans  of  the  United 
States  of  America,  Inc.  for  the  purpose  of  a  recreational  camp 
for  underprivileged  children,  said  land  being  on  the  westerly 
side  of  Whittenton  Mills  Pond  bounded  as  follows :  —  begin- 
ning at  a  stone  post  set  at  the  southwesterly  corner  of  the 
herein  conveyed  lot;  thence  N.  76°  50'  E.  one  hundred  and 
fourteen  feet  to  said  pond ;  then  beginning  at  said  stone  post 
and  running  N.  13°  10'  W.  one  hundred  feet  to  a  corner; 
thence  N.  76°  50'  E.  ninety-seven  feet  to  said  pond;  thence 
southerly  by  said  pond  to  the  easterly  terminus  of  the  first 
described  line.  Containing  ten  thousand  square  feet  of  land 
more  or  less.  Also  a  right  of  way  from  said  lot  to  Whittenton 
street,  said  way  being  therein  described  as  follows  —  begin- 
ning at  the  first  mentioned  stone  post  and  running  thence 
N.  59°  20'  W.  two  hundred  and  seventy-eight  feet  to  a  point 
on  Whittenton  street  eight  hundred  and  forty-three  feet 
southerly  of  the  comer  of  land  now  or  formerly  of  B.  E.  &  J. 
W.  Lincoln,  on  said  street.  Said  right  of  way  to  be  eighteen 
feet  wide  on  the  northerly  side  of  said  line. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  8,  1952. 

Chap. 298  An  Act  authorizing  the  city  of  Worcester  to  rein- 
state THOMAS  F.  MANNING  FOR  THE  SOLE  PURPOSE  OF 
RETIREMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  provision  of  law  to  the  contrary  not- 
withstanding, the  city  of  Worcester  may  reinstate  Thomas 
F.  Manning  as  a  member  of  the  fire  department  of  said  city 
for  the  sole  purpose  of  retirement  in  order  to  correct  a  mistake 
made  at  the  time  of  his  original  retirement.  Upon  said  rein- 
statement, said  city  shall  retire  said  Thomas  F.  Manning  for 
disability  caused  by  injuries  sustained  in  the  actual  per- 
formance of  his  duty  as  a  fireman.  Said  retirement  shall  be 
under  the  provisions  of  section  eighty  of  chapter  thirty-two 
of  the  General  Laws,  in  effect  in  said  city  on  the  date  of  his 
original  retirement. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  city  council  of  the  city  of  Worcester. 

Approved  May  8,  1952. 

Chap. 299  An  Act  permitting  inmates  of  penal  institutions  to 

VIEW    THE    REMAINS    OF    DECEASED    RELATIVES. 

Be  it  enacted,  etc.,  asfolloios: 

Edo,  127."^  Section  90A  of  chapter  127  of  the  General  Laws,  as  most 

|90A,e|tc.,       recently  amended  by  chapter  394  of  the  acts  of  1951,  is 
amen  ec .         hereby  further  amended  by  inserting  after  the  word  "com- 


Acts,  1952. —  Chaps.  300,  301.  187 

mon wealth",  in  line  5,  the  words:  —  ,  or  to  view  the  remains 
of  such  relative,  — so  as  to  read  as  follows:  —  Section  90 A.  pXnMtHu- 
The  warden,  superintendent  or  officer  in  charge  of  any  pris-  tions  permitted 
oner  may  permit,  in  the  custody  of  an  officer  of  the  institu-  of  d/oea^sed'*'"'' 
tion,  such  prisoner  to  attend  the  funeral  of  his  father,  mother,  '•f-'atnes. 
child,  brother,  sister,  husband  or  wife  ■within  the  common- 
wealth, or  to  view  the  remains  of  such  relative,  or  to  visit 
such  relative  during  his  illness  upon  certification  by  a  phy- 
sician that  death  be  imminent,  under  such  conditions  and 
rules  as  the  warden,  superintendent  or  officer  in  charge  may 
prescribe.     Any  expenses  incurred  under  the  provisions  of 
this  section  shall  be  paid  by  the  institution  wherein  the  pris- 
oner is  imprisoned.  Approved  May  8,  1952. 

An  Act  providing  for  the  assignment  of  quarters  in  r<i.„^  oqq 

THE  STATE  HOUSE  FOR  THE  USE  OF  THE  JEWISH  WAR  VET-  ^' 

ERANS    OF    THE    UNITED    STATES,    DEPARTMENT    OF    MASSA- 
CHUSETTS,   INC. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  8  of  the  General  Laws  is  hereby  amended  by  o.  l.  (Ter. 
striking  out  section  17,  as  most  recently  amended  by  chap-  ftl! 'amended. 
ter  807  of  the  acts  of  1951,  and  inserting  in  place  thereof  the 
following  section:  —  Section  17.     There  shall  be  set  apart  Rooms pro- 
and  suitably  furnished  a  room  or  rooms  in  the  state  house  Touse  fo/use* 
for  the  use  of  the  Massachusetts  department  of  The  Ameri-  °^arTet^xans. 
can  Legion,  of  the  United  Spanish  War  Veterans,  of  the  Dis- 
abled American  Veterans  of  the  World  War,  of  the  Veterans 
of  Foreign  Wars  of  the  United  States,  of  the  American  Vet- 
erans of  Worid  War  II,  AMVETS,  of  the  Veterans  of  Indian 
Wars,   of  Italian  American  World  War  Veterans  of  the 
United  States,  Inc.,  Department  of  Massachusetts,  and  of 
the  Jewish  War  Veterans  of  the  United  States,  Department 
of  Massachusetts,  Inc.,  respectively,  such  room  or  rooms  to 
be  under  the  charge  of  the  state  commanders  of  the  respective 
departments,  subject  to  this  chapter.     The  headquarters 
thus  established  for  each  of  the  aforesaid  departments  shall 
be  used  for  storing  and  preserving  the  records  and  other 
property  of  the  department  and  relics  and  mementos  of  the 
World  wars  and  the  Spanish  war.     Approved  May  8,  1952. 

An  Act  increasing  the  fees  for  certain  certificates  pi       orji 

FURNISHED    BY   THE   STATE   SECRETARY.  UAiap.oUl 

Be  it  enacted,  etc.,  as  follows: 

Chapter  262  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section  36,  as  appearing  in  the  Tercentenary  fmend"^^.'  *  ^^' 
Edition,  and  inserting  in  place  thereof  the  following  section: 
—  Section  36.     The  fee  for  copies  of  any  oflficial  papers  Fees  for 
certified  by  the  state  secretary  shall  be  seventy-five  cents  certified  copies. 
for  the  first  page  and  sixty  cents  for  each  additional  page. 
The  fee  for  the  state  secretary's  certificate  on  copies  or  other- 
wise shall  be  fifty  cents  each.  Approved  May  8,  1952. 


188 


Acts,  1952. —  Chaps.  302,  303,  304. 


Chap. S02  An  Act  providing  for  the  compensation  of  the  assist- 
ant COMMISSIONER  OF  MENTAL  HEALTH  FOR  CERTAIN 
DUTIES   PERFORMED   BY   HIM. 

Be  it  enacted,  etc.,  as  follows: 

Item  1701-02  of  section  2  of  chapter  490  of  the  acts  of 
1951,  as  amended  by  section  2  of  chapter  806  of  the  acts  of 
1951,  is  hereby  further  amended  by  adding  at  the  end  the 
following: — ;  and  including  for  the  assistant  commissioner 
of  mental  health,  while  performing  the  powers  and  duties  as 
commissioner  of  mental  health  for  the  period  from  April 
first,  nineteen  hundred  and  fifty  through  November  thir- 
teenth, nineteen  hundred  and  fifty-one,  the  sum  of  four 
thousand  five  hundred  dollars.         Approved  May  8,  1952. 


Chap. SOS  An  Act  relative  to  the  payment  of  certain  accounts 

AGAINST    the    COMMONWEALTH    ON    ACCOUNT    OF    CERTAIN 
PUBLIC   AID. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Section  42  of  chapter  121  of  the  General  Laws,  as  most 

ftcil'amemLd^'  Tccently  amended  by  chapter  406  of  the  acts  of  1941,  is 
hereby  further  amended  by  adding  at  the  end  the  two  fol- 
lowing sentences :  —  The  approval  of  accounts  by  the  de- 
partment under  this  section  shall  have  the  effect  of  a  pro- 
visional pre-audit  of  such  accounts,  and  reimbursement 
based  thereon  shall  be  subject  to  verification  and  adjustment 
by  the  department.  Such  adjustments  shall  be  made  by 
reducing  or  increasing  any  subsequent  reimbursements  under 
this  section  by  the  amount  of  such  adjustment. 

Approved  May  8,  1952. 


Payment  of 
certain  ac- 
counts against 
the  common- 
wealth, 
regulated. 


C/iap.304  An  Act  providing  that  an  additional  employee  in  the 

DIVISION  OF  ACCOUNTS  BE  DESIGNATED  TO  PERFORM  THE 
DUTIES  OF  THE  DIRECTOR  OF  SAID  DIVISION  UNDER  CERTAIN 
CONDITIONS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  14  of  the  General  Laws  is  hereby  amended  by 
striking  out  section  7,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  section: 
—  Section  7.  The  commissioner  shall  assign  to  the  several 
divisions  in  the  department  their  appropriate  functions.  The 
directors  of  divisions  shall,  under  the  supervision  and  con- 
trol of  the  commissioner,  exercise  the  functions  assigned 
to  them,  and  shall  also  perform  such  other  incidental  duties 
as  the  commissioner  may  prescribe.  The  director  of  the 
division  of  accounts,  who  shall  be  known  as  the  director  of 
accounts,  shall  perform  the  duties  required  of  the  depart- 
ment by  law  in  relation  to  the  compilation  of  municipal 
statistics,  the  auditing  of  municipal  accounts  and  the  certifi- 


G.  L.  (Ter. 
Ed.),  14,  §  7, 
amended. 

Duties  of 
director  of 
division  of 
accounts  in 
case  of 
absence,  etc. 


Acts,  1952.  —  Chaps.  305,  306,  307,  308.  189 

cation  of  notes  of  towns,  districts  and  counties.  The  com- 
missioner may  designate  a  competent  employee  in  the  divi- 
sion of  accounts  to  perform  the  duties  of  the  director  of  ac- 
counts in  case  of  his  absence,  death  or  disabiUty;  and  notes 
of  towns,  districts  and  counties,  when  certified  by  such  em- 
ployee, shall  have  the  same  validity  as  if  certified  by  the 
director.  The  commissioner  may  designate  an  additional 
competent  employee  in  the  division  of  accounts  to  perform 
the  duties  of  the  director  of  accounts  in  case  of  the  absence 
of  said  director  and  the  absence  of  the  competent  employee 
designated  under  the  provisions  of  the  preceding  sentence; 
and  notes  of  towns,  districts  and  counties,  when  certified  by 
such  additional  employee,  shall  have  the  same  validity  as  if 
certified  by  the  director.  Approved  May  8,  1952. 

An  Act  increasing  the  fees  for  non-resident  trappers.  QJkij)  395 
Be  it  enacted,  etc.,  as  follows: 

Section  1.    Clause  (2)  of  section  8  of  chapter  131  of  the  g.  l.  (Ter. 
General  Laws,  as  most  recently  amended  by  section  1  of  ^tl! 'amended. 
chapter  405  of  the  acts  of  1951,  is  hereby  further  amended 
by  striking  out  the  sixth  paragraph  and  inserting  in  place 
thereof  the  following  paragraph :  — 

For  a  trapping  license,  one  hundred  dollars  and  twenty-  Fees. 
five  cents. 

Section  2.     This  act  shall  take  effect  on  January  first,  f^^^*'*'^'® 
nineteen  hundred  and  fifty-three. 

Approved  May  8,  1952. 

An  Act  increasing  the  membership  of  the  development  (7/^00.306 
and  industrial  committee  of  the  city  of  lawrence. 

Be  it  enacted,  etc.,  as  follows: 

Section  1  of  chapter  661  of  the  acts  of  1950,  as  amended 
by  section  1  of  chapter  58  of  the  acts  of  the  current  year,  is 
hereby  further  amended  by  striking  out,  in  line  10,  the  word 
"twelve"  and  inserting  in  place  thereof  the  word:  —  sixteen. 

Approved  May  8,  1952. 

An  Act  discontinuing  the  care  and  treatment  of  cer-  C hap. S07 

TAIN  CHILDREN  AT  THE  HOSPITAL  COTTAGES  FOR  CHILDREN. 

Be  it  enacted,  etc.,  as  follows: 

Sections  48  and  49  of  chapter  123  of  the  General  Laws  g.  l.  (Xer. 
are  hereby  repealed.  Approved  May  8,  1952.      ^^l^  ^^^j  49^ 


repealed. 


An  Act  relative  to  the  distribution  of  nursery  stock.    Chav  308 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Chapter  132  of  the  General  Laws  is  hereby  g.  l.  (Xer. 
amended  by  striking  out  section  9,  as  appearing  in  the  amended^.'  ^  ^' 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 


190  Acts,  1952.  — Chap.  309. 


S^nS'sery""  following  section :  —  Section  9.  The  forester  may  establish 
stock,  etc.,  and  maintain  nurseries  for  the  propagation  of  forest  tree 
reg  ate  secdUngs  upon  such  lands  of  the  commonwealth  at  any  state 

institution  as  the  superintendent  or  trustees  thereof  may  set 
apart  for  this  purpose  and  upon  such  other  lands  as  may  be 
acquired  under  this  section.  Superintendents  of  institutions 
where  land  is  set  apart  therefor  may  furnish  without  charge 
the  labor  of  their  inmates  necessary  to  establish  and  main- 
tain said  nurseries.  All  stock  grown  in  nurseries  established 
under  this  section  shall  be  used  within  the  commonwealth. 
The  forester  may  distribute  seeds  and  seedlings  to  land 
owners,  citizens  of  the  commonwealth,  under  such  conditions 
and  restrictions  as  he  may  determine,  subject  to  the  approval 
of  the  governor  and  council.  The  forester,  with  the  advice 
and  consent  of  the  governor  and  council,  may  expend  from 
time  to  time  such  sum  as  is  appropriated  therefor  by  the 
general  court  in  purchasing,  for  the  establishment  of  nurseries 
provided  for  by  this  section,  lands  situated  within  the 
commonwealth  and  adapted  to  the  propagation  of  forest 
seedlings. 
EdV  isl"^!  35  Section  2.  Section  35  of  said  chapter  132,  as  so  appear- 
amended.'  '  ing,  is  hereby  amended  by  striking  out,  in  line  4,  the  words 
dtf^s^^and"  "free  of  charge",  — so  as  to  read  as  follows:  —  Section  35. 
towns.  Towns  may  acquire  by  purchase,  gift  or  bequest  lands  for 

the  purpose  of  forestation  and  may  reclaim  and  plant  such 
lands.  The  said  department  may  upon  apphcation  in  such 
form  as  the  forester  may  prescribe  furnish  such  towns  with 
seedlings  for  the  planting  of  their  lands. 

Approved  May  8,  1952. 


Chap.309  An  Act  providing  for  the  establishment  of  a  right 

OF  WAY   FOR  PUBLIC  ACCESS  TO  SOUTH   END   POND  IN  THE 
TOWN   OF   MILLIS. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1 .  The  county  commissioners  of  Norfolk  county 
are  hereby  authorized  and  directed  to  lay  out  a  right  of 
way  for  public  access  to  South  End  pond  in  the  town  of 
Milhs  in  accordance  with  plans  to  be  approved  by  the 
department  of  pubUc  works,  and  showing  the  location  and 
dimensions  of  such  right  of  way.  If  it  is  necessary  to  acquire 
land  for  the  purpose  of  laying  out  such  right  of  way,  said 
county  commissioners  shall  at  the  time  such  right  of  way  is 
laid  out  take  such  land  by  eminent  domain  under  chapter 
seventy-nine  of  the  General  Law^s.  Any  person  sustaining 
damages  in  his  property  by  the  laying  out  of  such  right  of 
way,  or  by  specific  repairs  or  improvements  thereon,  shall 
be  entitled  to  recover  the  same  under  said  chapter  seventy- 
nine;  provided,  that  the  right  to  recover  damages,  if  any, 
by  reason  of  the  laying  out  of  such  right  of  way,  shall  vest 
upon  the  recording  of  the  order  of  taking  by  said  county 
commissioners  and  that  no  entry  or  possession  for  the  pur- 


Acts,  1952.  — Chap.  310.  191 

pose  of  constructing  a  public  way  on  land  so  taken  shall  be 
required  for  the  purpose  of  validating  such  taking  or  for  the 
payment  of  damages  by  reason  thereof. 

Section  2.  The  town  of  Millis  from  time  to  time  may 
make  specific  repairs  on  or  improve  such  right  of  way  to 
such  extent  as  it  may  deem  necessary,  but  neither  the  county 
of  Norfolk  nor  any  city  or  town  therein  shall  be  required  to 
keep  such  right  of  way  in  repair,  nor  shall  they  be  liable  for 
injury  sustained  by  persons  traveling  thereon;  provided, 
that  sufficient  notice  to  warn  the  public  is  posted  where  such 
way  enters  upon  or  unites  with  an  existing  public  way. 

Section  3.  All  expenses  incurred  by  said  county  com- 
missioners in  connection  with  such  right  of  way  shall  be 
borne  by  the  county  of  Norfolk,  or  by  such  cities  and  towns 
therein,  and  in  such  proportions,  as  said  county  commis- 
sioners may  determine. 

Section  4.  Said  right  of  way  shall  not  be  discontinued 
or  abandoned  without  authority  therefor  from  the  general 
court. 

Section  5.  Nothing  in  this  act  shall  be  construed  to 
limit  the  powers  of  the  department  of  public  health,  or  of 
any  local  board  of  health,  under  any  general  or  special  law. 

Approved  May  5,  1952. 


An  Act  making  appropriations  for  the  fiscal  year 
nineteen  hundred  and  fifty-three,  for  the  main- 
tenance OF  departments,  boards,  commissions,  in- 
stitutions AND  CERTAIN  ACTIVITIES  OF  THE  COMMON- 
WEALTH, FOR  INTEREST,  SINKING  FUND  AND  SERIAL  BOND 
REQUIREMENTS,  AND  FOR  CERTAIN  PERMANENT  IMPROVE- 
MENTS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  To  provide  for  the  maintenance  of  the  sev- 
eral departments,  boards,  commissions  and  institutions,  of 
sundry  other  services,  and  for  certain  permanent  improve- 
ments, and  to  meet  certain  requirements  of  law,  the  sums 
set  forth  in  section  two,  for  the  several  purposes  and  subject 
to  the  conditions  specified  in  said  section  two,  are  hereby 
appropriated  from  the  funds  designated  in  said  section,  sub- 
ject to  the  provisions  of  law  regulating  the  disbursement  of 
public  funds  and  the  approval  thereof,  for  the  fiscal  year 
ending  June  thirtieth,  nineteen  hundred  and  fifty-three,  in 
this  act  referred  to  as  the  year  nineteen  hundred  and  fifty- 
three,  or  for  such  period  as  may  be  specified. 

Section  2. 

The  Following  Appropriations  are  made  from  the  General  Fund: 
Service  of  the  Legislatctre. 

Senate. 

Item 

0101-01  For  the  compensation  of  senators,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose    ....        $191,250  00 

0101-02     For  the  salary  of  the  clerk  of  the  senate  .  10,480  00 


Chap.SlO 


192 


Acts,  1952.  — Chap.  310. 


Item 
0101-03 

0101-04 


0101-05 
0101-06 


0101-07 


0101-30 

0101-51 

0101-52 

0101-53 
0101-54 
0101-56 

0101-60 


For  the  salary  of  the  assistant  clerk  of  the 
senate  ....... 

For  clerical  assistance  to  the  clerk  of  the 
senate,  including  not  more  than  two  per- 
manent positions    ..... 

For  the  salary  of  the  chaplain  of  the  senate  . 

For  personal  services  of  the  counsel  to  the 
senate  and  assistants,  including  not  more 
than  four  permanent  positions;  provided, 
that  notwithstanding  any  provisions  of  law 
to  the  contrary,  the  present  counsel  to  the 
senate  may  continue  to  serve  in  said 
oflBce  subject  to  the  will  of  the  senate 

For  clerical  and  other  assistance  to  the  sen- 
ate committee  on  rules,  including  not 
more  than  six  permanent  positions;  pro- 
vided, that  notwithstanding  any  provision 
of  law  to  the  contrary,  the  present  clerk  of 
the  senate  committee  on  rules  may  con- 
tinue to  serve  in  said  oflBce  subject  to  the 
will  of  the  senate    ..... 

For  expenses  of  senators,  including  travel,  to 
be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose  . 

For  stationery  for  the  senate,  purchased  by 
and  with  the  approval  of  the  clerk     . 

For  expenses  of  the  committee  on  rules  on 
the  part  of  the  senate     .... 

For  expenses  of  the  counsel  to  the  senate 

For  expenses  of  the  senate  clerk's  ofEce 

For  the  expenses  of  the  senate  committee  on 
ways  and  means,  including  not  more  than 
two  permanent  positions 

For  traveling  and  such  other  expenses  of  the 
committees  of  the  senate  as  may  be  author- 
ized by  order  of  the  senate 

Total 


$7,980  00 


10,180  00 
1,980  00 


34,480  00 


25,020  00 


25,000  00 

600  00 

1,000  00 
500  00 
200  00 

10,500  00 

1,000  00 

$320,170  00 

House  of  Representatives. 

0102-01  For  the  compensation  of  representatives,  to 
be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose  .  $1,093,500  00 

0102-02    For  the  salary  of  the  clerk  of  the  house  of 

representatives        .....  10,480  00 

0102-03     For  the  salary  of  the  assistant  clerk  of  the 

house  of  representatives  ....  7,980  00 

0102-04  For  clerical  assistance  to  the  clerk  of  the 
house  of  representatives,  including  not 
more  than  three  permanent  positions         .  14,800  00 

0102-05    For  the  salary  of  the  chaplain  of  the  house 

of  representatives  .....  1,980  00 

0102-06  For  personal  services  of  the  counsel  to  the 
house  of  representatives  and  assistants, 
including  not  more  than  six  permanent 
positions 61,280  00 

0102-07  For  clerical  and  other  assistance  to  the  house 
committee  on  rules,  including  not  more 
than  eight  permanent  positions         .  .  35,100  00 

0102-08  For  clerical  and  other  assistance  to  the  house 
committee  on  ways  and  means,  including 
not  more  than  five  permanent  positions, 
to  be  in  addition  to  any  amoimt  heretofore 
appropriated  for  the  purpose  .  30,980  00 


Acts,  1952.  — Chap.  310. 


193 


It«m 

0102-30  For  expenses  of  representatives,  including 
travel,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose     . 

0102-51  For  stationery  for  the  house  of  representa- 
tives, purchased  by  and  with  the  approval 
of  the  clerk    ...... 

0102-52  For  expenses  of  the  committee  on  rules  on 
the  part  of  the  house  of  representatives     . 

0102-53  For  expenses  of  the  counsel  to  the  house  of 
representatives        ..... 

0102-54  For  expenses  of  the  clerk's  oflBce,  house  of 
representatives        ..... 

0102-56  For  expenses  of  the  house  committee  on 
ways  and  means,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose  ...... 

0102-60  For  traveling  and  such  other  expenses  of  the 
committees  of  the  house  of  representatives 
as  may  be  authorized  by  order  of  the  house 
of  representatives   ..... 

Total 


$148,000  00 


800  00 

4,000  00 

850  00 

500  00 


5,000  00 


1,000  00 
$1,416,250  00 


Sergeant-at'Arms. 

0103-01  For  the  salary  of  the  sergeant-at-arms  and 
the  sergeant-at-arms  on  the  part  of  the 
house  of  representatives  .         .         .  $11,960  00 

0103-02  For  clerical  and  other  assistance  employed 
by  the  sergeant-at-arms,  including  not 
more  than  four  permanent  positions  .         .  15,220  00 

0103-03  For  the  salaries  of  the  doorkeepers  of  the 
senate  and  house  of  representatives,  with 
the  approval  of  the  sergeant-at-arms,  in- 
cluding not  more  than  two  permanent 
positions 10,680  00 

0103-04  For  the  salaries  of  assistant  doorkeepers  of 
the  senate  and  house  of  representatives  and 
of  general  court  oflBcers,  with  the  approval 
of  the  sergeant-at-arms,  including  not 
more  than  thirty-two  permanent  positions         126,530  00 

0103-05  For  compensation  of  the  pages  of  the  senate 
and  house  of  representatives,  with  the 
approval  of  the  sergeant-at-arms,  includ- 
ing not  more  than  twenty-three  permanent 
positions         ......  36,120  00 

0103-06  For  the  salaries  of  clerks  employed  in  the 
legislative  document  room,  including  not 
more  than  four  permanent  positions  .  16,100  00 

0103-30  For  the  compensation  for  travel  of  employees 
of  the  sergeant-at-arms  authorized  by  law 
to  receive  the  same  ....  35,000  00 

0103-51  For  contingent  expenses  of  the  senate  and 
house  of  representatives  and  necessary  ex- 
penses in  and  about  the  state  house,  with 
the  approval  of  the  sergeant-at-arms  17,000  00 

0103-52  For  the  payment  of  witness  fees  to  persons 
summoned  to  appear  before  committees  of 
the  general  court,  and  for  expenses  inci- 
dental to  summoning  them,  with  the  ap- 
proval of  the  sergeant-at-arms  200  00 

0103-55  For  the  emergency  services  of  a  physician  and 
for  medical  supplies  in  the  state  house  dur- 
ing the  legislative  session,  subject  to  the 


194 


Acts,  1952.  — Chap.  310. 


Item 


0110-02 


0110-03 
0110-04 


0110-05 
0110-06 

0110-30 


approval  of  the  sergeant-at-arms;  pro- 
vided, that  section  twenty-one  of  chapter 
thirty  of  the  General  Laws  shall  not  apply 
to  the  payments  made  imder  this  item       .  $1,700  00 

Total $270,510  00 

Other  Expenses. 

For  printing,  binding  and  paper  ordered  by 
the  senate  and  house  of  representatives, 
or  by  concurrent  order  of  the  two  branches, 
for  the  year  nineteen  hundred  and  fifty- 
three  and  the  previous  year,  with  the  ap- 
proval of  the  clerks  of  the  respective 
branches,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose     .        $200,000  00 

For  printing  the  manual  of  the  general  court 
with  the  approval  of  the  clerks  of  the  two 
branches 11,000  00 

For  expenses  in  connection  with  the  publica- 
tion of  the  bulletin  of  committee  hearings 
and  of  the  daily  list,  with  the  approval  of 
the  joint  committee  on  rules,  including 
not  more  than  two  permanent  positions     .  50,000  00 

For  telephone  service  ....  20,000  00 

For  biographical  sketches  of  certain  state  and 

federal  officials 4,200  00 

For  traveling  and  such  other  expenses  of 
joint  committees  of  the  general  court  as 
may  be  authorized  by  joint  order  of  the 
general  court 8,000  00 

Total $293,200  00 

Total,  Legislative         ....    $2,300,130  00 


Service  of  the  Judiciary. 

Supreme  Judicial  Court. 
0301-01     For  the  salaries  of  the  chief  justice  and  of  the 

six  associate  justices        ....       $130,500  00 
0301-02     For  traveling  allowances  and  expenses           .  2,800  00 
0301-03     For  the  salary  of  the  clerk  for  the  common- 
wealth   10,420  00 

0301-04    For  clerical  assistance  to  the  clerk        .         .  3,490  00 

0301-05     For  law  clerks  and  clerical  assistance  for  the 

justices 47,620  00 

0301-06     For  office  supplies,  services  and  equipment  .  6,000  00 

0301-07     For  the  salaries  of  the  officers  and  messengers  5,805  00 

0301-08    For  the  commonwealth's  part  of  the  salary 

of  the  clerk  for  the  county  of  Suffolk         .  1,500  00 

0302-01     For  the  salary  of  the  reporter  of  decisions     .  7,000  00 

0302-02  For  the  service  of  the  reporter  of  decisions, 
including  not  more  than  four  permanent 
positions         ......  18,390  00 

Total $233,525  00 

Superior  Court. 
0305-01     For  the  salaries  of  the  chief  justice  and  of 

the  thirty-one  justices      ....        $513,000  00 
0305-02    For  traveling  allowances  and  expenses  .  27,500  00 


Acts,  1952.  — Chap.  310. 


195 


Item 
0305-03 

0305-04 


0305-11 
0305-12 
0305-13 


0308-01 


0310-01 


For  the  salary  of  the  assistant  clerk  of  Suffolk 

county $1,500  00 

For  expenses  authorized  by  section  twenty- 
eight  of  chapter  two  hundred  and  twelve  of 
the  General  Laws 18,940  00 

For  compensation  of  justices  of  district  courts 

while  sitting  in  the  superior  court     .  .  9,000  00 

For  expenses  of  justices  of  district  courts 

while  sitting  in  the  superior  court     .  .  1,850  00 

For  reimbursing  certain  counties  for  com- 
pensation of  certain  special  justices  for 
serv'ices  in  holding  sessions  of  district 
courts  in  place  of  the  justice,  while  sitting 
in  the  superior  court        ....  3,000  00 

Total $574,790  00 

Judicial  Council: 
For  the  service  of  the  judicial  council     .  .  $7,000  00 

Administrative     Committee    of     District 
Courts: 
For  the  service  of  the  administrative  com- 
mittee of  district  courts  ....  $6,000  00 


Administrative  Committee  of  Probate  and  Insolvency  Courts. 

0320-01     For  the  compensation  of  judges  of  probate 

when  acting  for  other  judges  of  probate     .  $5,000  00 

0320-02  For  expenses  of  judges  of  probate  when  act- 
ing for  other  judges  of  probate  .  .  1,500  00 

0320-03  For  reimbursing  officials  for  premiums  paid 
for  procuring  sureties  on  their  bonds,  as 
provided  by  law      .....  500  00 

0320-04  For  expenses  of  the  administrative  com- 
mittee of  probate  courts  .  .  300  00 

Total $7,300  00 


Probate  and  Insolvency  Courts. 

For  the  salaries  of  judges  of  probate,  regis- 
ters of  probate,  assistant  registers  and 
clerical  assistance  to  registers  of  the 
several  counties: 


Barnstable : 

0321-01        Judge  of  probate $9,500  00 

0321-02        Register 6,000  00 

0321-03        Assistant  register 4,000  00 

0321-04  Clerical  assistance  to  register,  including 
not  more  than  three  permanent  posi- 
tions             8,980  00 

0322-01        Judge  of  probate     .         .  •       .         .         .  9,500  00 

0322-02        Register 6,500  00 

0322-03         Assistant  register 4,500  00 

0322-04         Clerical   assistance  to   register,   including 

not  more  than  five  permanent  positions  14,130  00 


196 


Acts,  1952.  — Chap.  310. 


Item 

Bristol: 

0323-01        Two  judges  of  probate    ....  $23,000  00 

0323-02        Register 8,000  00 

0323-03        Two  assistant  registers    ....  10,600  00 
0323-04        Clerical  assistance  to  register,  including 
not  more  than  thirteen  permanent  posi- 
tions             37,605  00 

0324-01        Judge  of  probate 4,000  00 

0324-02        Register 4,000  00 

0324-04        Clerical  assistance  to  register,  including  not 

more  than  one  permanent  position  .         .  2,880  00 

0325-01        Two  judges  of  probate      ....  23,000  00 

0325-02        Register 8,500  00 

0325-03        Three  assistant  registers           .         .         .  16,500  00 
0325-04         Clerical  assistance  to  register,  including  not 

more  than  sixteen  permanent  positions  .  48,390  00 

Franklin : 

0326-01        Judge  of  probate 9,500  00 

0326-02        Register 6,000  00 

0326-03         Assistant  register 4,000  00 

0326-04         Clerical  assistance  to  register,  including  not 

more  than  two  permanent  positions  5,760  00 

Hampden : 

0327-01        Two  judges  of  probate    ....  23,000  00 

0327-02        Register 8,000  00 

0327-03        Three  assistant  registers                     .         .  15,000  00 
0327-04        Clerical  assistance  to  register,  including  not 

more  than  eleven  permanent  positions   .  35,390  00 

Hampshire: 

0328-01        Judge  of  probate 9,500  00 

0328-02        Register 6,000  00 

0328-03        Assistant  register 4,000  00 

0328-04        Clerical  assistance  to  register,  including  not 

more  than  two  permanent  positions       .  6,275  00 

Middlesex: 

0329-01        Three  judges  of  probate  ....  40,500  00 

0329-02        Register 10,000  00 

0329-03        Five  assistant  registers    ....  28,500  00 
0329-04         Clerical  assistance  to  register,  including  not 

more  than  forty  permanent  positions      .  122,275  00 

N'fl.iitiiickGti  * 

0330-01         Judge  of  probate 4,000  00 

0330-02        Register 4,000  00 

0330-04        Clerical  assistance  to  register   .         .         .  1,195  00 

Norfolk: 

0331-01        Two  judges  of  probate     ....  27,000  00 

0331-02        Register 8,500  00 

0331-03         Three  assistant  registers            .          .          .  16,500  00 
0331-04        Clerical  assistance  to  register,    including 

not  more  than  fifteen  permanent  positions  44,270  00 

Plsrmouth: 

0332-01        Judge  of  probate 9,500  00 

0332-02         Register 6,500  00 

0332-03         Assistant  register 4,500  00 

0332-04        Clerical  assistance  to  register,   including 

not  more  than  six  permanent  positions  .  19,230  GO 


Acts,  1952.  — Chap.  310. 


197 


Item 


Suffolk: 

0333-01 

Three  judges  of  probate  .... 

$43,500  00 

0333-02 

Register         ...... 

10,000  00 

0333-03 

Five  assistant  registers    .... 

28,500  00 

0333-04 

Clerical  assistance  to  register,  including  not 
more  than  forty-eight  permanent  posi- 

tions          ...... 

147,890  00 

Worcester: 

0334-01 

Two  judges  of  probate     .... 

23,000  00 

0334-02 

Register          ...... 

8,500  00 

0334-03 

Three  assistant  registers 

16,500  00 

0334-04 

Clerical  assistance  to  register,  including  not 

more  than  fifteen  permanent  positions    . 

45,500  00 

0340-01 
0340-02 


0345-01 

0350-01 

0351-01 

0352-01 
0354-01 
0355-01 
0356-01 
0357-01 

0358-01 
0359-01 


Total 


Land  Court. 

For  the  salaries  of  the  judge,  associate  judges 
and  the  recorder,  including  not  more  than 
four  permanent  positions 

For  the  service  of  the  land  court,  including 
not  more  than  thirty-two  permanent  posi- 
tions     ....... 

Total 


Pensions  for  Certain  Retired  Justices. 
For  pensions  of  retired  judges,  as  authorized 


by  law 


District  Attorneys. 


For  the  salaries  of  the  district  attorney  and 
assistants  for  the  Suffolk  district,  including 
not  more  than  fourteen  permanent  posi- 
tions     ....... 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  northern  district,  includ- 
ing not  more  than  seven  permanent  posi- 
tions     ....... 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  eastern  district,  including 
not  more  than  five  permanent  positions 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  southern  district,  includ- 
ing not  more  than  four  permanent  positions 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  middle  district,  including 
not  more  than  five  permanent  positions     . 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  western  district,  including 
not  more  than  three  permanent  positions  . 

For  the  salaries  of  the  district  attorney  and 
assistant  for  the  northwestern  district,  in- 
cluding not  more  than  two  permanent 
positions         ...... 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  Norfolk  district,  includ- 
ing not  more  than  four  permanent  positions 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  Plymouth  district,  in- 
cluding not  more  than  three  permanent 
positions        ...... 


$1,051,770  00 

$56,500  00 

195,800  00 
$252,300  00 

$80,000  00 

$97,700  00 

46,400  00 
23,880  00 
23,510  00 
23,880  00 
15,580  00 

9,180  00 
18,000  00 

14,500  00 


198 


Acts,  1952.  — Chap.  310. 


Item 
0365-01 


For  traveling  expenses  necessarily  incurred 
by  the  district  attorneys,  except  in  the 
Suffolk  district,  including  expenses  incurred 
in  previous  years    .....  $7,000  00 

Total $279,630  00 


Board  of  Probation. 

0370-01     For  the  service  of  the  board,  including  not 
more  than  forty-six  permanent  positions    . 


$163,198  00 


Board  of  Bar  Examiners. 

0380-01     For  the  service  of  the  board,  including  not 
more  than  six  permanent  positions    . 


$34,390  00 


Suffolk  County  Court  House. 

0385-01  For  reimbursing  the  city  of  Boston  for  thirty 
per  cent  of  the  cost  of  maintenance  of  the 
Suffolk  county  court  house,  as  provided  by 
and  subject  to  the  conditions  of  section  six 
of  chapter  four  hundred  and  seventy-four 
of  the  acts  of  nineteen  hundred  and  thirty- 
five,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose; 
provided,  that  this  appropriation  shall  not 
be  construed  as  fixing  the  specific  amount 
for  which  the  commonwealth  shall  be  liable 
on  account  of  said  maintenance 

Total,  Judiciary  .... 


$150,000  00 
$2,839,903  00 


0401-01 
0401-02 

0401-03 
0401-04 


0402-01 
0402-02 


0403-01 
0403-02 
0403-03 


0403-05 


Service  of  the  Executive  Department. 

For  the  salary  of  the  governor     .  .  .  $20,000  00 

For  the  salaries  of  officers  and  employees  in 

the  governor's  office         ....  138,000  00 

For  postage,  printing,  office  and  other  con- 
tingent expenses,  including  travel,  of  the 
governor 45,000  00 

For  maintenance  expenses  of  the  governor's 
automobile 1,800  00 

Total $204,800  00 

For  the  salary  of  the  lieutenant-governor      .  $8,000  00 

For  personal  services  for  the  lieutenant-gov- 
ernor's office  ......  14,260  00 

Total $22,260  00 

For  the  salaries  of  the  eight  councilors  .  $24,000  00 

For  personal  services  for  the  councU     .  .  17,340  00 

For  postage,  printing,  stationery,  traveling 
and  contingent  expenses  of  the  governor 
and  council 14.500  00 

For  travel  and  expenses  of  the  lieutenant- 
governor  and  council  from  and  to  their 
homes 4,500  00 


Total 


$60,340  00 


Acts,  1952.  — Chap.  310. 


199 


Item 

0405-01 


0406-01 


For  the  cost,  not  to  exceed  fifteen  thousand 
dollars,  of  entertainment  of  distinguished 
visitors  to  the  commonwealth;  for  the 
payment  of  extraordinary  expenses  not 
otherwise  provided  for;  and  for  transfers 
to  appropriation  accounts  where  the 
amounts  otherwise  available  are  insuffi- 
cient; provided,  that  requests  for  such 
transfers  shall  be  referred  to  the  commis- 
sion on  administration  and  finance  which, 
after  investigation,  shall  submit  for  the 
approval  of  the  governor  and  council  its 
written  recommendation  as  to  the  amount 
of  funds  required,  with  facts  pertinent 
thereto  ...... 

For  the  service  of  the  civil  defense  agency,  as 
authorized  by  chapter  six  hundred  and 
thirty-nine  of  the  acts  of  nineteen  hundred 
and  fifty  and  chapter  five  hundred  and 
twenty-two  of  the  acts  of  nineteen  hun- 
dred and  fifty-one  ..... 

Total,  Executive  Department 


$100,000  00 


235,500  00 
$622,900  00 


Service  of  the  Military  Division. 
Adjutant  General. 

0420-01     For  the  salary  of  the  adjutant  general            .  $11,115  00 

0420-02  For  the  office  of  the  adjutant  general,  includ- 
ing not  more  than  twenty-two  permanent 
positions 103,051  GO 

Militia: 

0421-01  For  allowances  to  companies  and  other  ad- 
ministrative units,  to  be  expended  under 
the  direction  of  the  adjutant  general  .  176,000  00 

0421-02  For  officers'  uniform  allowances,  as  author- 
ized by  paragraph  (c)  of  section  one  hun- 
dred and  twenty  of  chapter  thirty-three 
of  the  General  Laws         ....  65,000  00 

0421-05     For  certain  camps  of  instruction  .  .  40,237  00 

0421-07  For  transportation  of  officers  and  non-com- 
missioned officers  to  and  from  military 
meetings  and  regimental  and  battalion 
drills 3,400  00 

0421-13  For  compensation  for  special  and  miscel- 
laneous duty  and  for  expenses  of  operation 
of  the  twenty-sixth  division;  provided, 
that  any  provision  of  law  to  the  contrary 
notwithstanding,  sums  not  exceeding  in 
the  aggregate  eight  thousand  two  hun- 
dred and  fifty  dollars  may  be  expended  for 
compensation  for  two  full  time  positions  .  26,332  00 

0421-14  For  compensation  for  accidents  and  injuries 
sustained  in  the  performance  of  military 
duty 3,750  00 

0421-15  To  cover  certain  small  claims  for  damages  to 
private  property  arising  from  military 
maneuvers     .         ...         .         .         .  1,850  00 

0421-17  For  the  military  reservation,  located  in 
Barnstable  countj'',  including  compensation 
of  the  commissioner        ....  1,366  00 

0421-21     For  the  service  of  the  air  national  guard  7,505  00 


200 


Acts,  1952.  — Chap.  310. 


Item 


0421-50 


State  Guard: 
The  unexpended  balance  remaining  in  ap- 
propriation item  0410-01  of  section  two  of 
chapter  eight  hundred  and  twenty-five  of 
the  acts  of  nineteen  hundred  and  fifty  is 
hereby  reappropriated.  Said  item  0410- 
01,  as  amended  by  chapter  four  hundred 
and  ninety  of  the  acts  of  nineteen  hundred 
and  fifty-one,  is  hereby  further  amended 
in  lines  thirteen  and  fourteen  by  striking 
out  the  words  "nineteen  hundred  and 
fifty-two"  and  inserting  in  place  thereof 
the  words:  —  nineteen  hundred  and  fifty- 
three. 

Total 


$439,606  00 


State  Quartermaster. 

0423-01  For  the  office  of  the  state  quartermaster,  in- 
cluding not  more  than  seven  permanent 
positions         ...... 

0423-02  For  the  operation  of  armories  of  the  first 
class,  including  not  more  than  eighty-five 
permanent  positions         .... 

Militia: 

0424-01  For  reimbursement  for  rent  and  maintenance 
of  armories  not  of  the  first  class 

0424-02  For  the  Camp  Curtis  Guild  rifle  range,  in- 
cluding not  more  than  seven  permanent 
positions         ...... 

0424-05  For  certain  storage  and  maintenance  facili- 
ties, including  not  more  than  thirteen  per- 
manent positions    ..... 

0424-08    For  certain  national  guard  aviation  facilities 

Total 

State  Surgeon: 
0426-01     For  the  service  of  the  state  surgeon,  includ- 
ing not  more  than  three  permanent  posi- 
tions     ....... 

Armory  Commission: 
0428-01     For  compensation  of  one  member  and  for  ex- 
penses of  the  armory  commission 

Total,  Military  Division 


$33,015  00 
607,350  00 

34,900  00 
29,045  00 


109,875  00 
34,315  00 

$848,500  00 


$34,175  00 


170  00 


$1,322,451  00 


Boards  and  Commissions  serving  under  Governor  and  Council. 

Service  of  the  Commission  on  Administration  and  Finance. 

Expenditures   under   the   following   three 
appropriations  are  subject  to  the  ap- 
proval of  the  commission  on  adminis- 
tration and  finance: 
0440-10     For  telephone  service  in  the  state  house  $120,000  00 

0440-1 1  For  the  purchase  of  paper  used  in  the  execu- 
tion of  the  contracts  for  state  printing, 
other  than  legislative       ....  76,000  00 


Acts,  1952.  — Chap.  310. 


201 


Item 

0440-31 


0441-01 


0442-01 


0443-01 


0444-01 


0445-01 


For  personnel  appeal  boards,  as  authorized 
by  chapter  four  hundred  and  eighty-five 
of  the  acts  of  nineteen  hundred  and  forty- 
five        $250  00 

For  the  oflBce  of  the  commissioner  of  ad- 
ministration, including  not  more  than 
fourteen  permanent  positions;  provided, 
that  the  comptroller  shall -transfer  to  the 
General  Fund  the  sum  of  twenty-one 
thousand  seven  hundred  and  twenty-one 
dollars  from  the  Highway  Fund  106,630  00 

For  the  bureau  of  the  comptroller,  including 
not  more  than  one  hundred  and  seventeen 
permanent  positions;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  ninety-nine  thousand 
nine  hundred  dollars  from  the  Highway 
Fund 494,512  00 

For  the  bureau  of  the  budget  commissioner, 
including  not  more  than  nine  permanent 
positions;  provided,  that  the  comptroller 
shall  transfer  to  the  Greneral  Fimd  the 
sum  of  eleven  thousand  three  hundred  and 
forty-nine  dollars  from  the  Highway  Fund  54,864  00 

For  the  bureau  of  the  purchasing  agent,  in- 
cluding not  more  than  seventy-one  per- 
manent positions;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  fifty-six  thousand  six 
hundred  and  eighty-nine  dollars  from  the 
Highway  Fund 278,975  00 

For  the  division  of  personnel  and  standard- 
ization, including  not  more  than  thirty- 
seven  permanent  positions;  provided,  that 
the  comptroller  shall  transfer  to  the  Gen- 
eral Fund  the  sum  of  thirty-nine  thousand 
five  hundred  and  eighty-nine  dollars  from 
the  Highway  Fund  ....  186,555  00 

Total $1,316,786  00 

Service  of  the  State  Superintendent  of  Buildings. 

For  the  office  of  the  superintendent,  including 
not  more  than  five  permanent  positions  $26,330  00 

For  the  maintenance  of  the  state  house  and 
the  Ford  building,  including  not  more  than 
one  hundred  and  sixty-seven  permanent 
positions 733,330  00 

Total $759,660  00 

Service  of  the  New  England  Interstate  Water  Pollution  Control  Commission. 

0455-01  For  expenses  of  the  New  England  interstate 
water  pollution  control  commission,  as  au- 
thorized by  chapter  four  hundred  and 
twenty-one  of  the  acts  of  nineteen  hundred 
and  forty-seven,  and  for  compensation  and 
expenses  of  the  commissioners,  as  provided 
by  section  four  of  said  chapter  $7,730  00 

Service  of  the  State  Planning  Board. 

0456-01  For  the  service  of  the  state  planning  board, 
including  not  more  than  thirteen  perma- 
nent positions         ..... 


0450-01 
0450-02 


$72,813  00 


202 


Acts,  1952.  — Chap.  310. 


Service  of  the  Commissioners  on  Uniform  State  Laws. 


Item 

0457-01     For  the  expenses  of  the  commissioners  $1,775  00 

Service  of  the  State  Library. 

0459-01  For  the  service  of  the  state  library,  including 
not  more  than  thirty-three  permanent  posi- 
tions      $126,266  00 

Service  of  the  Art  Commission. 
0460-01     For  expenses  of  the  commission  .         .         .  $670  00 

Service  of  the  Ballot  Law  Commission. 

0461-01  For  compensation  and  expenses  of  the  com- 
missioners, including  not  more  than  three 
permanent  positions         ....  $3,085  00 

Service  of  the  Massadiuseits  Commission  on  Discrimination. 

0462-01  For  the  service  of  the  Massachusetts  commis- 
sion on  discrimination,  including  not  more 
than  thirteen  permanent  positions     .  $69,030  00 

Service  of  the  Emergency  Housing  Commission. 
0463-01     This  item  postponed. 

Service  of  the  Outdoor  Advertising  Authority. 

0464-01  For  the  service  of  the  outdoor  advertising 
authority,  including  not  more  than  ten 
permanent  positions         ....  $43,310  00 

Service  of  the  Massachusetts  Public  Building  Commission. 

0465-01  For  the  service  of  the  Massachusetts  public 
building  commission,  including  not  more 
than  thirteen  permanent  positions    .  .  $67,885  00 


For  the  Maintenance  of  the  Mount  Greylock  War  Memorial. 

0466-01 

$1,170  00 


For  the  maintenance  of  the  Mount  Greylock 
war  memorial 


For  the  Maintenance  of  the  Old  State  House. 

0467-01  For  the  contribution  of  the  commonwealth 
toward  the  maintenance  of  the  old  pro- 
vincial state  house  ....  $1,500  00 

Service  of  the  Commission  on  Alcoholism. 

0468-01  For  the  service  of  the  commission  on  alcohol- 
ism, as  authorized  by  chapter  five  hundred 
and  thirteen  of  the  acts  of  nineteen 
hundred  and  forty-seven,  including  not 
more  than  one  permanent  position    .  .         $10,745  00 

Service  of  the  Youth  Service  Board. 

0480-01  For  administration  of  the  youth  service 
board,  as  authorized  by  chapter  three 
hundred  and  ten  of  the  acts  of  nineteen 
hundred  and  forty-eight,  including  not 
more  than  sixty-eight  permanent  posi- 
tions       $473,857  00 


Acts,  1952.  —  Chap.  310. 


203 


Item 


0480-10 


0481-01 


0482-01 
0483-01 


0484-01 


Instruction  in  public  schools: 
For  reimbursement  of  cities  and  towns  for 
tuition  of  children  attending  the  public 
schools $12,000  00 

For  the  maintenance  of  and  for  certain  im- 
provements at  the  institutions  under  the 
control  of  the  youth  service  board,  with 
the  approval  of  said  board: 

Industrial  school  for  boys,  including  not 
more  than  one  hundred  and  twenty-one 
p)ermanent  positions         ....  444,120  00 

Industrial  school  for  girls,  including  not  more 

than  fifty  permanent  positions  .  .  268,210  00 

Lyman  school  for  boys,  including  not  more 
than  one  hundred  and  fifty-eight  perma- 
nent positions 717,260  00 

For  the  operation  of  a  detention  home,  in- 
cluding not  more  than  six  permanent  posi- 
tions       103,645  00 

Total $2,019,092  00 


Service  of  the  Massachusetts  Aeronautics  Commission. 


0490-01  For  the  service  of  the  Massachusetts  aero- 
nautics commission,  including  not  more 
than  seventeen  permanent  positions 


$63,806  00 


Service  of  the  State  Airport  Management  Board. 

0492-01  For  the  service  of  the  state  airport  manage- 
ment board,  as  authorized  by  chapter  six 
hundred  and  thirty-seven  of  the  acts  of 
nineteen  hundred  and  forty-eight,  includ- 
ing not  more  than  twelve  permanent  posi- 
tions       $61,005  00 

0493-01  For  the  operation  of  the  Logan  airport,  in- 
cluding not  more  than  one  hundred  and 
eleven  permanent  positions       .  .  .  693,145  00 

0494-01  For  the  operation  of  the  Hanscom  field;  pro- 
vided, that  permanent  civil  service  em- 
ployees of  the  field  whose  positions  are 
abolished  as  of  June  thirtieth,  nineteen 
hundred  and  fifty-two,  shall  be  transferred 
to  positions  in  the  service  of  the  common- 
wealth of  equal  or  lower  grade  as  estab- 
lished by  the  division  of  personnel,  regard- 
less of  whether  or  not  the  title  is  similar, 
upon  request  of  the  appointing  authority 
of  the  department  to  which  the  employee 
is  to  be  transferred  and  with  the  consent 
of  the  employee;  such  transfer  shall  be 
without  loss  of  seniority,  retirement  or 
other  rights 25,000  00 

Total  .         ...         .         .         .       $779,150  00 

Total,  Boards  and  Commissions  ser\'ing 

under  Governor  and  Council      .  .     $5,344,473  00 


204 


Acts,  1952.  — Chap.  310. 


Service  op  the  Secretary  of  the  Commonweai^tb. 


Item 

0501-01 

0501-02 


0602-01 


0502-02 


For  the  salary  of  the  secretary     .  $9,000  00 

For  the  office  of  the  secretary,  including  not 
more  than  seventy-two  permanent  posi- 
tions       320,400  00 

For  the  purchase  of  certain  supplies,  equip- 
ment and  repairs  necessary  in  connection 
with  the  reproduction  of  the  manuscript 
collection  designated  "Massachusetts  Ar- 
chives," and  for  the  furnishing  of  photo- 
static copies  of  corporation  papers,  election 
papers  and  acts  and  resolves    .         .         .  6,375  00 

For  the  purchase  and  distribution  of  copies 
of  certain  journals  of  the  house  of  repre- 
sentatives of  Massachusetts  Bay  from 
seventeen  hundred  and  fifteen  to  seventeen 
hundred  and  eighty,  inclusive,  as  author- 
ized by  chapter  four  hundred  and  thirteen 
of  the  acts  of  nineteen  hundred  and  twenty  750  00 

Total $336,525  00 


Printing  Laws,  etc. : 

0503-01  For  printing  and  distributing  the  pamphlet 
edition  and  for  printing  and  binding  the 
blue  book  edition  of  the  acts  and  resolves 
of  the  year  nineteen  hundred  and  fifty- 
three,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose     .         $29,000  00 

0503-02  For  the  printing  of  reports  of  decisions  of  the 
supreme  judicial  court,  to  be  in  addition  to 
any  amount  heretofore  appropriated  for 
the  purpose    ......  11,660  00 

0503-03  For  printing  and  binding  pubhc  documents, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose    .         .         .  6,000  00 

Total $46,660  00 


Matters  Relating  to  Elections : 

0504-01  For  preparing,  printing  and  distributing  bal- 
lots, and  other  miscellaneous  expenses  for 
primary  and  other  elections,  including  not 
more  than  five  permanent  positions 

0504-04  For  expenses  of  publication  of  lists  of  candi- 
dates and  forms  of  questions  before  state 
elections         ...... 

0504-05  For  services  and  expenses  of  the  electoral 
college  ....... 

0504-07    This  item  postponed. 

Total 


Medical  Examiners'  Fees: 
0605-01     For  medical  examiners'  fees 


$207,125  00 

17,500  00 
695  00 

$225,320  00 
$1,500  00 


Commission  on  Interstate  Co-operation: 
0506-01     For  the  service  of  the  commission,  including 
not  more  than  two  permanent  positions    . 


25,450  00 


Total,  Secretary  of  the  Commonwealth  .       $635,455  00 


Acts,  1952.  — Chap.  310. 


205 


Service  of  the  Treasurer  and  Receiver-General. 


Itern 

0601-01 
0601-02 


0602-01 


0604-01 


0604-03 


0604r^4 


0606-01 


For  the  salary  of  the  treasurer  and  receiver- 
general  $9,000  00 

For  the  office  of  the  treasurer  and  receiver- 
general,  including  not  more  than  forty-two 
permanent  positions;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fimd  the  sum  of  eighty-seven  thousand 
five  hundred  dollars  from  the  Highway 
Fund 273,010  00 

Total  .  .         .         .  $282,010  00 

Commissioners  on  Firemen's  Relief: 
For  expenses  of  administration  and  for  relief 
disbursed  by  the  commissioners  on  fire- 
men's relief $15,300  00 

State  Board  of  Retirement: 
For  the  administrative  office  of  the  board, 

including  not  more  than  sixteen  permanent 

positions 62,400  00 

For   the  pajTnent   of   the  commonwealth's 

share  in  financing  the  state  employees'  re- 
tirement system,  as  provided  by  chapter 

thirty-two  of  the  General  Laws;  provided, 

that  the  comptroller  shall  transfer  to  the 

General  Fimd  the  sum  of  one  hundred  and 

twenty  thousand  dollars  from  the  Highway 

Fund 2,400,000  00 

The  unexpended  balance  remaining  in  item 

0604-04  of  section  two  of  chapter  eight 

hundred  and  six  of  the  acts  of  nineteen 

himdred  and  fifty-one  is  hereby  reappro- 

priated. 

Total $2,462,400  00 

Emergency  Finance  Board: 
For  administrative  expenses  of  the  board,  in- 
cluding not  more  than  one  permanent  posi- 
tion        $12,719  00 

Total,  Department  of  the  Treasurer  and 

Receiver-General      ....    $2,772,429  00 


Service  op  the  Auditor  of  the  Commonwealth. 

0701-01     For  the  salary  of  the  auditor       .  .  $9,000  00 

0701-02  For  the  office  of  the  auditor,  including  not 
more  than  thirty-five  permanent  posi- 
tions; provided,  that  the  comptroller  shall 
transfer  to  the  General  Fimd  the  sum  of 
forty-eight  thousand  dollars  from  the  High- 
way Fund 197,155  00 

0701-23  For  an  audit  of  the  accounts  of  the  Metro- 
politan Transit  Authority  .  21,165  00 

0701-24  For  the  expense  of  an  audit  of  the  books  of 
the  New  Bedford,  Woods  Hole,  Martha's 
Vineyard  and  Nantucket  Steamship  Au- 
thority, to  be  reimbursed  by  said  authority 
as  provided  by  law  ....  3,330  00 

Total,  Department  of  the  Auditor  .       $230,650  00 


206 


Acts,  1952.  — Chap.  310. 


Service  of  the  Department  of  the  Attorney  General. 


Item 

0801-01 
0801-02 


0802-01 


0802-02 


0803-10 


For  the  salary  of  the  attorney  general  .  .  $12,000  00 

For  the  office  of  the  attorney  general,  includ- 
ing not  more  than  forty-two  permanent 
positions 256,833  00 

For  the  settlement  of  certain  claims,  as  pro- 
vided by  law,  on  account  of  damages  by 
cars  owned  by  the  commonwealth  and 
operated  by  state  employees  .  .  10,000  00 

For  the  settlement  of  certain  small  claims,  as 
authorized  by  sections  three  A  and  three  B 
of  chapter  twelve  of  the  General  Laws       .  5,000  00 

Total $283,833  00 

Special : 
For  hearings  and  special  pleadings,  including 
legal  assistants  and  stenographic  services 
as  needed  in  litigations  re  New  York,  New 
Haven  &  Hartford  Railroad  Company 
(Old  Colony  Division);  provided,  that  no 
salaries  or  expenses  of  permanent  em- 
ployees shall  be  charged  to  this  item  .  $5,500  00 

Total,  Department  of  the  Attorney  Gen- 
eral          $289,333  00 


0901-01 
0901-02 


0901-11 
0901-21 


0901-22 


0905-01 
0905-03 


Service  of  the  Department  of  Agriculture. 

For  the  salary  of  the  commissioner       .  $7,000  00 

For  the  office  of  the  commissioner,  including 

not   more    than    twenty-three   permanent 

positions 110,084  00 

For  compensation  and  expenses  of  members 

of  the  advisory  board       ....  428  00 

For  apiary  inspection,   including  not  more 

than  one  permanent  position,  and  for  the 

reimbursement  of  owners  of  diseased  bees 

as  provided  in  section  thirty-four  of  chap- 
ter one  hundred  and  twenty-eight  of  the 

General  Laws  ....  7,070  00 

For  a  program  of  soil  conservation,  as  author- 
ized by  chapter  five  hundred  and  thirty- 
one  of  the  acts  of  nineteen  hundred  and 
forty-five,  as  amended   .  .  .  .  1,719  00 


0906-01 


Total $126,301  00 

Division  of  Dairying  and  Animal  Hus- 
bandry : 

For  the  service  of  the  division,  including  not 

more  than  twelve  permanent  positions       .  $60,695  00 

For  administering  the  law  relative  to  the  in- 
spection of  barns  and  dairies  by  the  de- 
partment of  agriculture,  including  not 
more  than  fourteen  permanent  positions  .  75,630  00 

Total $136,325  00 

Milk  Control  Board : 
P''or  the  service  of  the  board,  including  not 
more    than    thirty-four    permanent    posi- 


Acts,  1952.  —  Chap.  310. 


207 


Item 


0907-01 


0907-06 


0907-07 


0907-08 


0908-01 


0909-01 


0910-01 


tions;  provided,  that  permanent  civil 
service  employees  of  the  milk  control 
board  may  be  transferred  to  positions  in 
the  service  of  the  commonwealth  of  equal 
or  lower  grade,  as  established  by  the  di- 
vision of  personnel,  regardless  of  whether 
or  not  the  title  is  similar,  upon  request  of 
the  appointing  authority  of  the  depart- 
ment to  which  the  employee  is  to  be  trans- 
ferred and  with  the  consent  of  the  em- 
ployee. Such  transfer  shall  be  without 
loss  of  seniority,  retirement  or  other  rights       $150,620  00 

Division  of  Livestock  Disease  Control: 

For  the  office  of  the  director,  including  not 
more  than  twenty-eight  permanent  posi- 
tions and  not  more  than  fifty  permanent 
intermittent  positions      ....        $173,510  00 

For  reimbursement  of  owners  of  horses  killed 
during  the  year  nineteen  hundred  and 
fifty-three  and  previous  years,  travel, 
when  allowed,  of  inspectors  of  animals, 
incidental  expenses  of  killing  and  burial, 
quarantine  and  emergency  services,  and 
for  laboratory  and  veterinary  supplies  and 
equipment      .  .         .         .  6,250  00 

The  unexpended  balance  remaining  in  ap- 
propriation item  0907-07  of  section  two  of 
chapter  five  hundred  and  eighty  of  the 
acts  of  nineteen  hundred  and  fifty  is  hereby 
reappropriated. 

For  the  reimbursement  of  certain  towns  for 
compensation  paid  to  inspectors  of  animals 
for  the  year  nineteen  hundred  and  fifty- 
three  and  the  previous  year  .  .  4,400  00 

Total $184,160  00 

Division  of  Markets: 
For  the  service  of  the  division,  including  not 
more  than  twelve  permanent  positions     .         $80,095  00 

Division  of  Plant  Pest  Control  and  Fairs: 
For  the  service  of  the  division,  including  not 
more  than  three  permanent  positions         .  44,345  00 

State  Reclamation  Board: 
For  the  service  of  the  board,  including  not 

more  than  four  permanent  positions  14,397  00 

Total,  Department  of  Agriculture  $736,243  00 


Service  of  the  Department  of  Conservation. 

1001-01     For  the  salary  of  the  commissioner       .  .  $7,000  00 

1001-02     For  the  office  of  the  commissioner,  including 

not  more  than  sixteen  permanent  positions  98,625  00 

1001-03  For  expenses  of  operation  and  maintenance 
of  boats,  including  not  more  than  four 
permanent  positions         ....  37,190  00 

1001-31  For  the  suppression  of  insect  pests  and  shade 
tree  diseases,  including  gypsy  and  brown 
tail  moths  and  Japanese  beetles,  and  in- 


208 


Acts,  1952.  — Chap.  310. 


It«m 


eluding  not  more  than  seven  permanent 
positions,  and  for  reimbursement  to  cities 
and  towns  of  a  proportion  of  their  expenses 
for  such  work,  as  provided  by  law     . 


$152,280  00 


Special: 
1001-32  Item  1001-32  of  section  two  of  chapter  eight 
hundred  and  six  of  the  acts  of  nineteen 
hundred  and  fifty-one  is  hereby  amended 
by  striking  out  the  wording  and  inserting 
in  place  thereof  the  following:  —  For  the 
control  and  eradication  of  Dutch  Elm  Di- 
sease in  Berkshire  County;  provided,  that 
the  county  of  Berkshire,  in  co-operation 
with  the  Department  of  Conservation, 
shall  expend  as  provided  in  section  eighteen 
B  of  chapter  one  hundred  and  thirty-two 
of  the  General  Laws  an  amount  equal  to 
the  sum  made  available  by  this  item. 

Total 


$295,095  00 


Division  of  Forestry: 

1002-01     For  the  office  of  the  director,  including  not 

more  than  five  permanent  positions  .  .  $21,310  00 

1002-11  For  aiding  towns  in  the  purchase  of  equipH 
ment  for  extinguishing  forest  fires,  for  the 
year  nineteen  hundred  and  fifty-three  and 
for  previous  years,  as  provided  by  section 
eleven  of  chapter  forty  of  the  Greneral 
Laws 1,000  00 

1002-12  For  the  service  of  the  state  fire  warden,  in- 
cluding not  more  than  sixteen  permanent 
positions 316,730  00 

1002-14  For  the  expenses  of  forest  fire  patrol,  as  au- 
thorized Dy  section  twenty-eight  A  of  chaf>- 
ter  forty-eight  of  the  General  Laws  38,650  00 

1002-15  For  reimbursement  to  certain  towns  for  ex- 
tinguishing forest  fires     ....  1,000  00 

1002-18  For  the  cost  of  establishing  forest  cutting 
practices,  including  not  more  than  two 
permanent  positions         ....  8,605  00 

1002-21  For  the  development  of  state  forests,  includ- 
ing not  more  than  thirty-three  permanent 
positions 212,293  00 

1002-26  For  certain  farm  forestry  projects  in  co-oper- 
ation with  the  United  States  Forest  Service 
and  the  county  of  Berkshire;  provided, 
that  no  expenditure  shall  be  made  under 
this  item  until  the  county  of  Berkshire 
shall  have  deposited  the  sum  of  one  thou- 
sand five  hundred  and  fifteen  dollars  in  the 
state  treasury  for  this  project  .         .  6,060  00 

1002-27  For  certain  farm  forestry  projects  in  co-oper- 
ation with  the  United  States  Forest  Service 
and  the  county  of  Essex;  provided,  that  no 
expenditure  shall  be  made  under  this  item 
until  the  county  of  Essex  shall  have  de- 
posited the  sum  of  one  thousand  five  hun- 
dred and  fifteen  dollars  in  the  state  treasury 
for  this  project 6,060  00 

1002-30  For  expenses  of  the  Northeastern  Forest  Fire 
Protection  Commission,  as  authorized  by 
chapter  four  hundred  and  fifty-eeven  of 


Acts,  1952.  — Chap.  310. 


209 


Item 


the  acts  of  nineteen  hundred  and  forty- 
nine,  and  for  compensation  of  commis- 
sioners, as  provided  by  section  four  of  said 
chapter $1,250  00 

Total $612,958  GO 


Division  of  Law  Enforcement: 
1003-01     For  the  office  of  the  director,  including  not 

more  than  five  permanent  positions  .  $20,100  00 
1003-02  For  the  administration  and  enforcement  of 
laws  relative  to  shellfish  and  other  marine 
fisheries,  and  for  regulating  the  sale  and 
cold  storage  of  fresh  food  fish,  including 
not  more  than  seventeen  permanent  posi- 
tions       76,294  00 

1003-03  For  conservation  officers,  including  not  more 
than  thirty-nine  permanent  positions; 
provided,  that  the  comptroller  shall  trans- 
fer to  the  General  Fund  the  sum  of  ninety- 
two  thousand  seven  hundred  and  eighty 
dollars  from  the  Inland  Fisheries  and  Game 
Fund 186,560  00 

Total $281,954  00 


1004-70 


1004^73 
1004-84 


Division  of  Marine  Fisheries: 

For  the  service  of  the  office  of  the  director, 
including  not  more  than  eight  permanent 
positions,  and  for  the  administration  of  the 
activities  provided  for  under  items  1004-84 
and  1004-85 

This  item  omitted. 

For  the  reimbursement  to  certain  coastal 
cities  and  towns  of  a  part  of  the  cost  of 
projects  for  the  propagation  of  shellfish, 
as  authorized  by  section  twenty  of  chapter 
one  himdred  and  thirty  of  the  General 
Laws;  provided,  that  the  expenditure  by 
said  cities  and  towns  of  funds  herein  pro- 
vided shall  not  be  subject  to  appropriation 
as  required  by  section  fifty-three  of  chapter 
forty-four  of  the  General  Laws 

For  the  reimbursement  to  certain  coastal 
cities  and  towns  of  a  part  of  the  cost  of 
projects  for  the  suppression  of  enemies  of 
shellfish,  as  authorized  by  section  twenty 
of  chapter  one  hundred  and  thirty  of  the 
General  Laws;  provided,  that  the  expen- 
diture by  said  cities  and  towns  of  funds 
herein  provided  shall  not  be  subject  to  ap- 
propriation as  required  by  section  fifty- 
three  of  chapter  forty-four  of  the  General  ' 
Laws     ....... 

For  the  cost  of  construction  and  improvement 
of  certain  fishways,  as  provided  by  law 

For  services  and  expenses  of  the  Atlantic 
States  Marine  Fisheries.  Commission,  as 
authorized  by  chapter  four  hundred  and 
eighty-nine  of  the  acts  of  nineteen  hun- 
dred and  forty-one  .... 
1004-91     For  bounties  on  seals  .... 


1004-85 


1004-87 
1004-90 


$55,855  GO 


12,500  00 


7,500  00 
12,571  GO 


4,800  00 
450  00 


210 


Acts,  1952.  — Chap.  310. 


Item 

1004-93 


For  experimental  work  with  and  consultant 
services  of  the  Woods  Hole  Oceanographic 
Institute,  for  the  purpose  of  increasing  the 
supply  of  shellfish  in  the  commonwealth    . 

Total 

Total,  Department  of  Conservation 


$20,000  00 

$113,676  00 

$1,303,683  00 


Service  of  the  Department  of  Banking  and  Insurance. 


1101-01 
1101-02 


1102-01 


1103-01 
1103-02 


1105-01 


Division  of  Banks: 
For  the  salary  of  the  commissioner       .  $12,000  00 

For  the  office  of  the  commissioner,  including 

not  more  than  one  hundred  and  sixty-one 

permanent  positions         ....         793,029  00 
For   the   office   of   the   supervisor   of   loan 

agencies,   including  not  more   than   nine 

permanent  positions        .         .         .  38,182  00 

Total $843,211  00 

Division  of  Insurance: 

For  the  salary  of  the  commissioner       .  .  $12,000  00 

For  the  service  of  the  division,  including  ex- 
penses of  the  board  of  appeal  and  certain 
other  costs  of  supervising  motor  vehicle 
liability  insurance,  and  including  not  more 
than  two  hundred  and  thirty-six  perma- 
nent positions;  provided,  that  contracts 
or  orders  for  the  purchase  of  statement 
blanks  for  the  making  of  annual  reports  to 
the  commissioner  of  insurance  shall  not  be 
subject  to  the  restrictions  prescribed  by 
section  one  of  chapter  five  of  the  Greneral 
Laws;  and,  provided  further,  that  the 
comptroller  shall  transfer  to  the  Greneral 
Fund  the  sum  of  one  hundred  and  seventy- 
eight  thousand  seven  hundred  and  eighty 
dollars  from  the  Highway  Fund        .         .       1,043,800  00 

Total $1,055,800  00 

Division  of  Savings  Bank  Life  Insurance: 
For  the  service  of  the  division,  including  not 
more  than  thirty  permanent  positions        .       $130,547  00 

Total $130,547  00 

Total,  Department  of  Banking  and  In- 
surance   $2,029,558  00 


Service  of  the  Department  of  Corporations  and  Taxation, 


1201-01  For  the  salary  of  the  commissioner 
1201-02  For  personal  services  of  the  department  ex- 
cept as  otherwise  provided,  including  not 
more  than  six  hundred  and  fifty-one  per- 
manent positions;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  one  hundred  and  twenty- 


$11,000  00 


Acts,  1952.  — Chap.  310. 


211 


Item 


1201-03 


1201-12 
1201-22 


eight  thousand  dollars  from  the  Highway 
Fund,  the  sum  of  one  hundred  and  forty- 
one  thousand  six  hundred  and  eighty  dol- 
lars from  amounts  collected  under  chapter 
sixty-four  B  of  the  General  Laws  and  the 
sum  of  one  milHon  six  hundred  and  thirty- 
seven  thousand  five  hundred  and  forty 
dollars  from  the  receipts  of  the  income  tax  .     $2,486,995  00 

For  expenses  of  the  department  except  as 
otherwise  provided  for;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  twenty-one  thousand 
five  hundred  and  fifty  dollars  from  the 
Highway  Fund 107,750  00 

For  expenses  of  the  division  of  field  investi- 
gation and  temporary  taxes      .  .  .  23,580  00 

For  expenses  for  the  administration  of  an 
excise  on  meals;  provided,  that  a  sum 
equivalent  to  the  expenditures  under  this 
item  shall  be  transferred  to  the  General 
Fimd  from  amounts  collected  under  chap- 
ter sixty-four  B  of  the  General  Laws         .  27,690  00 

Total $2,657,015  00 


Income  Tax  Division: 
1202-02  For  expenses  of  the  income  tax  division;  pro- 
vided, that  a  sum  equivalent  to  the  ex- 
penditures under  this  item  shall  be  trans- 
ferred to  the  General  Fund  from  receipts 
of  the  income  tax $341,762  00 

Division  of  Accounts: 

1203-01  For  the  service  of  the  division,  including  not 
more  than  one  hundred  and  twenty-eight 
permanent  positions,  partly  chargeable  to 
item  1203-11 $615,854  00 

1203-11  For  expenses  of  auditing  and  installing  sys- 
tems of  municipal  accounts,  the  cost  of 
which  is  to  be  assessed  upon  the  munici- 
palities for  which  the  work  is  done    .  .  61,900  00 

1203-12  For  the  expenses  of  certain  books,  forms  and 
other  material  which  may  be  sold  to  cities 
and  towns  requiring  the  same  for  main- 
taining their  system  of  accounts        .         .  40,000  00 

1203-21  For  the  service  of  the  county  personnel 
board,  including  not  more  than  six  perma- 
nent positions         .....  13,000  00 

Total $730,754  00 

Appellate  Tax  Board: 
1204-01     For  tne  service  of  the  board,  including  not 
more  than  twenty-eight  permanent  posi- 
tions      $169,909  00 

Reimbursement  for  Loss  of  Taxes: 
1205-01  For  reimbursing  cities  and  towns  for  loss  of 
taxes  on  land  used  for  state  institutions 
and  certain  other  state  activities,  as  certi- 
fied by  the  commissioner  of  corporations 
and  taxation  for  the  calendar  year  nineteen 
hundred  and  fifty-two,  and  for  the  reim- 
bursement of  certain  towns  as  authorized 


212 


Acts,  1952.  — Chap.  310. 


Item 


by  section  seventeen  B  of  chapter  fifty- 
eight  of  the  General  Laws;  provided,  that 
the  commissioner  shall  not  include  in  any 
distribution  under  this  item  any  amounts 
on  account  of  land  not  included  in  such 
distributions  prior  to  January  one,  nine- 
teen hundred  and  fifty,  unless  specifically 
so  authorized  by  legislative  act 

Total,  Department  of  Corporations  and 
Taxation  ..... 


$573,000  00 


$4,472,440  00 


Service  of  the  Department  of  Education. 

1301-01     For  the  salary  of  the  commissioner  $11,000  00 

1301-02  For  the  oflSce  of  the  commissioner,  including 
not  more  than  sixty-one  permanent  posi- 
tions       274,500  00 

1301-06    For  printing  school  registers  and  other  school 

blanks  for  cities  and  towns       .  4,900  00 

1301-07    For  expenses  of  holding  teachers'  institutes  .  970  00 

1301-08  For  aid  to  certain  pupils  in  state  teachers'  col- 
leges, under  the  direction  of  the  department 
of  education 4,000  00 

1301-10  For  the  service  of  the  state  building  on  New- 
bury Street,  Boston,  including  not  more 
than  four  permanent  positions  .         .  27,190  00 

1301-18    For  expenses  required  for  the  operation  of  an 

agency  for  surplus  property  .  16,730  00 

1301-19  For  reimbursement  to  cities  and  towns  of  a 
portion  of  the  cost  of  a  program  for  ex- 
tended school  services  for  certain  children 
of  certain  employed  mothers,  as  authorized 
by  sections  twenty-six  A  to  twenty-six  F, 
inclusive,  of  chapter  seventy-one  of  the 
General  Laws 12,500  00 

1301-20    For  the  Board  of  Education,  including  not 

more  than  two  permanent  positions  8,845  00 

1301-23    For  printing  guides  for  school  curricula  22,000  00 

1301-24  For  the  advancement  of  education  for  Ameri- 
can citizenship,  as  authorized  by  chapter 
six  hundred  and  ninety-three  of  the  acts 
of  nineteen  hundred  and  fifty-one     .  .  9,154  00 

1301-25  For  expenses  of  the  board  of  collegiate  au- 
thority    625  00 

1301-28  For  a  program  to  secure  fair  educational  prac- 
tices       12,980  00 

1301-29  For  a  program  of  sight  saving  classes  and  for 
the  reimbursement  of  certain  cities  and 
towns  as  provided  by  law  20,250  00 

1301-30    This  item  omitted. 

1301-32     This  item  combined  with  item  1301-23. 

1301-51  For  assisting  small  towns  in  providing  them- 
selves with  school  superintendents,  as  pro- 
vided by  law 185,000  00 

1301-53  For  the  reimbursement  of  certain  towns  for 
the  transportation  of  pupils  as  provided  by 
law;  provided,  that  a  sum  equivalent  to  the 
expenditures  under  this  item  shall  be  trans- 
ferred to  the  General  Fund  from  the  re- 
ceipts of  the  income  tax  ,         .         .       1,925,000  00 

1301-54  For  the  reimbursement  of  certain  cities  and 
towns  for  a  part  of  the  expenses  of  main- 


Acts,  1952.  — Chap.  310. 


213 


Item 


1301-55 


taining  agricultural  and  industrial  voca- 
tional schools  as  provided  by  law 
For  reimbursement  of  certain  cities  and  towns 
for  adult  English-speaking  classes 

Total 


$3,509,930  00 

95,000  00 

$6,140,674  00 


Summer  School : 
1302-01     For  a  summer  school  to  be  conducted  at 
Hyannis  or  elsewhere,  with  the  approval  of 
the  commissioner  of  education 


$7,610  00 


School  Building  Assistance  Commission: 
1303-01     For  the  school  building  assistance  commis- 
sion        62,109  00 

1303-05  For  reimbursement  of  certain  cities  and  towns 
for  part  of  the  cost  of  construction  of  school 
projects,  as  authorized  by  chapter  six  hun- 
dred and  forty-five  of  the  acts  of  nineteen 
hundred  and  forty-eight  as  amended,  to  be 
in  addition  to  any  amount  heretofore  ap- 
propriated for  the  purpose;  provided,  that 
a  sum  equivalent  to  the  expenditures  under 
this  item  be  transferred  to  the  General 
Fund  from  the  receipts  of  the  income  tax  .     1,900,000  00 

Total $1,962,109  00 

Community  School  Lunch  Program: 
1305-01  For  the  community  school  lunch  program, 
including  not  more  than  eighteen  perma- 
nent positions  .....  $82,349  00 
1305-05  For  partial  assistance  in  the  furnishing  of 
lunches  to  school  children,  as  authorized 
by  chapter  five  hundred  and  thirty-eight  of 
the  acts  of  nineteen  hundred  and  fifty-one; 
provided,  that  notwithstanding  any  provi- 
sions of  law  to  the  contrary,  a  sum  equiva- 
lent to  the  expenditures  under  this  item 
shall  be  transferred  to  the  Greneral  Fund 
from  the  receipts  of  the  income  tax  .         .         650,000  00 

Total $732,349  00 

Division  of  Vocational  Education : 
1307-01  For  the  training  of  teachers  for  vocational 
schools,  to  comply  with  the  requirement  of 
federal  authorities  under  the  provisions  of 
the  Smith-Hughes  act,  so  called,  including 
not  more  than  thirty-three  permanent  posi- 
tions       $107,010  00 

Division  of  Vocational  Rehabilitation: 
1309-01  For  the  expenses  of  promotion  of  vocational 
rehabihtation  in  co-operation  with  the  fed- 
eral government  .....  $105,000  00 
1309-02  For  aid  to  certain  persons  receiving  in- 
struction in  the  courses  for  vocational 
rehabilitation,  as  authorized  by  section 
twenty-two  B  of  chapter  seventy-four  of 
the  General  Laws   .....  12,600  00 


Total 


$117,600  00 


214 


Acts,  1952.  — Chap.  310. 


Item 


1311-01 


Education  of  Deaf  and  Blind  Pupils: 
P'or  education  of  deaf  and  blind  pupils  of  the 
commonwealth,    as    provided    by    section 
twenty-six   of    chapter   sixty-nine   of   the 
General  Laws  ..... 


$814,800  00 


Division  of  University  Extension: 
1313-01  For  the  university  extension  courses,  includ- 
ing not  more  than  forty  permanent  posi- 
tions; provided,  that  the  comptroller  shall 
transfer  to  the  General  Fund  the  sum  of 
one  hundred  and  fifty-three  thousand  five 
hundred  and  seventy-three  dollars  from 
the  Veterans'  Services  Fund 
1313-05  For  English-speaking  classes  for  adults,  in- 
cluding not  more  than  two  permanent 
positions         ...... 

Total 


$299,365  00 

10,320  00 
$309,685  00 


Division  of  Immigration  and  Americani- 
zation : 
1315-01     For  the  service  of  the  division,  including  not 
more  than  twenty  permanent  positions 


$81,846  00 


Division  of  Public  Libraries: 
1316-01     For  the  service  of  the  division,  including  not 
more  than  twenty-two  permanent  positions 


),155  00 


Division  of  the  Blind: 

1317-01  For  general  administration  and  for  instruc- 
tion of  the  adult  blind  in  their  homes,  in- 
cluding not  more  than  sixty-five  perma- 
nent positions  $250,905  00 

1317-08  For  aiding  the  adult  blind,  subject  to  the  con- 
ditions provided  by  law,  including  the  cost 
of  certain  medical  assistance  and  supplies, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose    .  .  967,130  00 

1317-10  For  expenses  of  administering  and  operating 
the  service  of  piano  tuning  \mder  section 
twenty-five  of  chapter  sixty-nine  of  the 
General  Laws 22,500  00 

1317-11     For  the  operation  of  local  shops,  including 

not  more  than  eleven  permanent  positions  156,130  00 

1317-13  For  the  operation  of  the  Woolson  House  in- 
dustries, including  not  more  than  three 
permanent  positions         ....  86,350  00 

1317-15  For  the  operation  of  the  salesroom  and  other 
expenses  in  connection  with  the  sale  of 
materials  made  by  blind  persons,  including 
not  more  than  four  permanent  positions  .  37,180  00 

1317-16  For  the  operation  of  certain  industries  for 
men,  including  not  more  than  six  perma- 
nent positions  .....  335,255  00 

1317-17  For  the  operation  of  a  workshop  for  the  blind 
in  the  city  of  Springfield,  as  authorized  by 
chapter  six  hundred  and  sixty-six  of  the 
acts  of  nineteen  hundred  and  fifty-one, 
including  not  more  than  two  permanent 
positions 39,896  00 


Acts,  1952.  — Chap.  310. 


215 


Item 
1317-28 


1319-01 
1319-04 


1319-08 


For  the  promotion  of  vocational  rehabilita- 
tion of  the  blind  in  co-operation  with  the 
federal  government  ....         $15,000  00 

Total $1,910,345  00 

Teachers'  Retirement  Board: 
For  the  service  of  the  board,  including  not 

more  than  thirty  permanent  positions  $103,043  00 

For    reimbursement    of    certain    cities    and 

towns  for  pensions  to  retired  teachers,  to 

be  in  addition  to  any  amount  heretofore 

appropriated  for  the  purpose    .  1,500,000  00 

For   the   payment   of   the  commonwealth's 

share  in  financing  the  teachers'  retirement 

system,  as  provided  by  chapter  thirty-two 

of  the  General  Laws  as  amended  5,340,000  00 

Total $6,943,043  00 


Massachusetts  Maritime  Academy: 
1327-01     For  administration,  including  not  more  than 

two  permanent  positions  .  $9,626  00 

1327-10  For  maintenance  of  the  academy  and  ship, 
including  not  more  than  forty-nine  per- 
manent positions,  with  the  approval  of  the 
commissioner  of  education        .         .  317,737  00 

1327-20  For  the  maintenance  of  the  property  at  Hy- 
annis,  including  not  more  than  six  perma- 
nent positions,  with  the  approval  of  the 
commissioner  of  education        .         .  24,655  00 

Total $352,018  00 

For  the  maintenance  of  and  for  certain 
improvements  at  the  following  state 
teachers'  colleges,  and  the  boarding  halls 
attached  thereto,  with  the  approval  of 
the  commissioner  of  education : 

1330-01  State  teachers'  college  at  Bridgewater,  in- 
cluding not  more  than  eighty-two  perma- 
nent positions;  provided,  that  the  comp- 
troller shall  transfer  to  the  General  Fund 
the  sum  of  nine  thousand  dollars  from  the 
Veterans'  Services  Fimd  .  .       $446,350  00 

1330-21  State  teachers'  college  at  Bridgewater,  board- 
ing hall,  including  not  more  than  thirty- 
two  permanent  positions  .  166,610  00 

1331-01  State  teachers'  college  at  Fitchburg,  includ- 
ing not  more  than  seventy-four  permanent 
positions;  provided,  that  the  comptroller 
shall  transfer  to  the  General  Fimd  the  sum 
of  twenty-five  thousand  dollars  from  the 
Veterans'  Services  Fund  .         .         .         416,930  00 

1331-21  State  teachers'  college  at  Fitchburg,  boarding 
hall,  including  not  more  than  eleven  per- 
manent positions     .....  91,890  00 

1332-01  State  teacners'  college  at  Framingham,  in- 
cluding not  more  than  eighty  permanent 
positions 341,010  00 

1332-21  State  teachers'  college  at  Framingham, 
boarding  hall,  including  not  more  than 
thirty  permanent  positions  136,930  00 


216 


Acts,  1952.  — Chap.  310. 


Item 

1333-01  State  teachers'  college  at  Lowell,  including 
not  more  than  fifty  permanent  positions; 
provided,  that  the  comptroller  shall  trans- 
fer to  the  General  Fund  the  sum  of  four 
thousand  dollars  from  the  Veterans'  Serv- 
ices Fund $201,425  00 

1334-01  State  teachers'  college  at  North  Adams,  in- 
cluding not  more  than  thirty-six  permanent 
positions;  provided,  that  the  comptroller 
shall  transfer  to  the  Greneral  Fund  the  sum 
of  six  thousand  dollars  from  the  Veterans' 
Services  Fund 142,750  00 

1334-21  State  teachers'  college  at  North  Adams, 
boarding  hall,  including  not  more  than  five 
permanent  positions        ....  22,398  00 

1335-01  State  teachers'  college  at  Salem,  including 
not  more  than  sixty-one  permanent  posi- 
tions; provided,  that  the  comptroller  shall 
transfer  to  the  General  Fund  the  sum  of 
five  thousand  seven  hundred  dollars  from 
the  Veterans'  Services  Fund     .  275,460  00 

1336-01  State  teachers'  college  at  Westfield,  including 
not  more  than  thirty-nine  permanent  posi- 
tions; provided,  that  the  comptroller  shall 
transfer  to  the  General  Fund  the  sum  of 
eight  thousand  dollars  from  the  Veterans' 
Services  Fund 159,840  00 

1336-21  State  teachers'  college  at  Westfield,  boarding 
hall,  including  not  more  than  two  perma- 
nent positions  .....  9,710  00 

1337-01  State  teachers'  college  at  Worcester,  includ- 
ing not  more  than  fifty-four  permanent 
positions;  provided,  that  the  comptroller 
shall  transfer  to  the  General  Fund  the  sum 
of  five  thousand  dollars  from  the  Veterans' 
Services  Fund 223,430  00 

1339-01  Massachusetts  school  of  art,  including  not 
more  than  thirty-three  permanent  posi- 
tions; provided,  that  the  comptroller  shall 
transfer  to  the  Greneral  Fund  the  sum  of 
six  thousand  two  hundred  dollars  from  the 
Veterans' Services  Fund  ....         205,914  00 

Total $2,840,647  00 


For  the  maintenance  of  and  for  certain  im- 
provements at  the  following  textile  in- 
stitutes, with  the  approval  of  the  com- 
missioner of  education  and  the  trustees 
thereof: 
1340-01     Bradford  Durfee  technical  institute,  includ- 
ing not  more  than  thirty  permanent  posi- 
tions,   and    including    the    sum    of    ten 
thousand  dollars  which  is  to  be  assessed 
upon  the  city  of  Fall  River  as  a  part  of  the 
charges  to  be  paid  by  said  city  to  the  com- 
monwealth in  the  calendar  year  nineteen 
hundred  and  fifty -two;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  twenty-nine  thousand 
two  hundred  and  fifty  dollars  from  the 
Veterans'   Services  Fund 
1341-01     Lowell  textile  institute,  including  not  more 
than  one  hundred  and  twenty-five  perma- 


$187,240  00 


Acts,  1952.  — Chap.  310. 


217 


Item 


1342-01 


nent  positions,  and  including  the  sum  of 
ten  thousand  dollars  which  is  to  be  assessed 
upon  the  city  of  Lowell  as  a  part  of  the 
charges  to  be  paid  by  said  city  to  the  com- 
monwealth in  the  calendar  year  nineteen 
hundred  and  fifty-two ;  provided,  that  said 
institute  is  hereby  authorized  to  conduct 
a  summer  school  at  no  expense  to  the  com- 
monwealth, and  for  said  purpose  the  insti- 
tute may  receive  and  expend  income 
derived  therefrom;  and,  provided  further, 
that  the  comptroller  shall  transfer  to  the 
General  Fund  the  sum  of  seventy-six  thou- 
sand dollars  from  the  Veterans'  Services 

Fund $738,250  00 

New  Bedford  textile  institute,  including  not 
more  than  thirty-four  permanent  positions, 
and  including  the  sum  of  ten  thousand 
dollars  which  is  to  be  assessed  upon  the 
city  of  New  Bedford  as  a  part  of  the  charges 
to  be  paid  by  said  city  to  the  common- 
wealth in  the  calendar  year  nineteen  hun- 
dred and  fifty-two;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  thirty-one  thousand  two 
hundred  dollars  from  the  Veterans'  Services 
Fund 194,840  00 

Total $1,120,330  00 


University  of  Massachusetts: 
1350-01  For  the  maintenance  of  the  University  of 
Massachusetts,  with  the  approval  of  the 
trustees,  including  not  more  than  eight 
hundred  and  forty-five  permanent  posi- 
tions; provided,  that  the  comptroller  shall 
transfer  to  the  General  Fund  the  sum  of 
two  hundred  and  seventy-five  thousand 
dollars  from  the  Veterans'  Services  Fvmd  .  $5,213,601  00 
1350-96  For  certain  scholarships  at  the  University  of 
Massachusetts,  as  authorized  by  chapter 
five  hundred  and  twenty-four  of  the  acts 
of  nineteen  hundred  and  fifty-one     . 


Total 


Total,  Department  of  Education 


25,000  00 
$5,238,601  00 
$28,768,622  00 


Service  op  the  Department  of  Civil  Service  and  Registration. 

Division  of  Civil  Service: 
1402-01     For  the  salary  of  the  director  and  for  the 
compensation  of  members  of  the  commis- 
sion        $29,600  00 

1402-02  For  the  service  of  the  division,  including  not 
more  than  one  hundred  and  eighty-one 
permanent  positions;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  one  hundred  and  twenty- 
one  thousand  nine  hundred  and  eighty-five 
dollars  from  the  Highway  Fund  721,245  00 


218 


Acts,  1952.  — Chap.  310. 


Item 
1402-21 


1403-01 
1403-02 


1404-01 
1405-01 
1406-01 
1407-01 
1408-01 
1409-01 

1410-01 
1411-01 

1412-01 
1413-01 
1414-01 

1416-01 
1417-01 
1420-01 
1421-01 


For  expenses  of  hearings,  as  authorized  by 
section  one  of  chapter  six  hundred  and 
sixty-seven  of  the  acts  of  nineteen  hundred 
and  forty-five  ..... 

Total 

Division  of  Registration: 

For  the  salary  of  the  director 

For  the  service  of  the  division,  including  not 
more  than  forty-five  permanent  positions; 
provided,  that  the  position  of  investigator 
of  chiropody  and  podiatry  shall  not  be 
subject  to  the  provisions  of  chapter  thirty- 
one  of  the  General  Laws 

Total 

For  the  service  of  the  following  agencies  in 
the  division: 

Board  of  registration  in  medicine,  including 
not  more  than  seven  permanent  positions    . 

Board  of  dental  examiners,  including  not 
more  than  five  permanent  positions 

Board  of  registration  in  chiropody,  including 
not  more  than  five  permanent  positions     . 

Board  of  registration  in  pharmacy,  including 
not  more  than  nine  permanent  positions    . 

Board  of  registration  of  nurses,  including  not 
more  than  ten  permanent  positions  . 

Board  of  registration  in  embalming  and 
funeral  directing,  including  not  more  than 
three  permanent  positions 

Board  of  registration  in  optometry,  including 
not  more  than  five  permanent  positions     . 

Board  of  registration  in  veterinary  medicine, 
including  not  more  than  five  permanent 
positions         ...... 

Board  of  registration  of  professional  engineers 
and  land  surveyors  .... 

Board  of  registration  of  architects,  including 
not  more  than  five  permanent  positions 

Board  of  registration  of  certified  public  ac- 
countants, including  not  more  than  five 
permanent  positions         .... 

State  examiners  of  electricians,  including  not 
more  than  two  permanent  positions 

State  examiners  of  plumbers,  including  not 
more  than  three  permanent  positions 

Board  of  registration  of  barbers,  including  not 
more  than  eight  permanent  positions 

Board  of  registration  of  hairdressers,  includ- 
ing not  more  than  seventeen  permanent 
positions         ...... 

Total,  Department  of  Civil  Service  and 
Registration     ..... 


$2,500  00 
$753,245  00 

$4,000  00 

201,746  00 
$205,746  00 


$6,800  00 

4,900  00 

1,300  00 

25,364  00 

4,405  00 

5,500  00 

2,250  00 

2,410  00 

2,860  00 

2,575  00 

7,635  00 

7,000  00 

4,100  00 

33,590  00 

68,275  00 

$1,137,955  00 

Service  of  the  Department  of  Industrial  Accidents. 

1501-01  For  personal  services  of  members  of  the 
board,  including  not  more  than  nine  perma- 
nent positions         .....         $73,000  00 


Acts,  1952.  — Chap.  310. 


219 


Item 
1501-02 


1501-05 


1501-06 


For  the  service  of  the  board  and  of  the  re- 

habihtation     commission,     including    not 

more   than   one   hundred   and   thirty-one 

permanent  positions;    provided,  that  the 

position  of  executive  secretary  of  the  re- 

habiUtation  commission  shall  not  be  subject 

to  the  provisions  of  chapter  thirty-one  of 

the  General  Laws $544,015  00 

For  expenses  of  impartial  examinations  for 

the  year  nineteen  hundred  and  fifty-three 

and  the  previous  year      ....  74,605  00 

For  the  compensation  of  certain  public  em- 
ployees for  injuries  sustained  in  the  course 

of  their  employment  for  the  year  nineteen 

hundred  and  fifty-three  and  for  previous 

years,  as  provided  by  section  sixty-nine  of 

chapter  one  hundred  and  fifty-two  of  the 

General  Laws;  provided,  that  the  comp- 
troller shall  transfer  to  the  General  Fund 

the  sum  of  one  hundred  and  thirty-three 

thousand  dollars  from  the  Highway  Fund         380,000  00 

Total $1,071,620  00 


Division  of  Self -Insurance: 
1501-21     For  the  service  of  the  division,  including  not 
more  than  six  permanent  positions,  as  au- 
thorized by  chapter  sixty  of  the  acts  of 
nineteen  hundred  and  forty-five         .  .  28,130  00 

Total,  Department  of  Industrial  Acci- 
dents        $1,099,750  00 


Service  op  the  Department  of  Labor  and  Industries. 

1601-01     For   general    administration,    including   not 

more  than  ten  permanent  positions  .  .  $57,280  00 

1603-01  For  the  division  of  industrial  inspection,  in- 
cluding not  more  than  seventy-two  perma- 
nent positions 332,420  00 

1605-01  For  the  division  of  occupational  hygiene, 
including  not  more  than  twelve  permanent 
positions 54,130  00 

1607-01     For  the  division  of  statistics,  including  not 

more  than  thirty-six  permanent  positions  .  133,405  00 

1609-01  For  administration  of  the  division  on  neces- 
saries of  life,  including  not  more  than  five 
permanent  positions  .  .  .  21,010  00 

1609-05  For  administration,  by  said  division,  of  sec- 
tions two  hundred  and  ninety-five  A  to  two 
hundred  and  ninety-five  O,  inclusive,  of 
chapter  ninety-four  of  the  General  Laws, 
relating  to  the  advertising  and  sale  of  motor 
fuel  at  retail,  including  not  more  than 
twelve  permanent  positions      .  .  .  50,418  00 

1611-01  For  the  board  of  conciliation  and  arbitration, 
including  not  more  than  nineteen  perma- 
nent positions         .....  93,149  00 

1613-01  For  the  conunission  on  minimum  wage  and 
for  expenses  of  wage  boards,  including  not 
more  than  thirty-four  permanent  positions         129,562  00 


220 


Acts,  1952.  — Chap.  310. 


Item 

1615-01     For  the  division  of  standards,  including  not 

more  than  seventeen  permanent  positions  .         $76,974  00 

Total $947,348  00 

Massachusetts   Development   and   Indus- 
trial Commission: 
1617-01     For  the  service  of  the  commission,  including 

not  more  than  twelve  permanent  positions       $210,627  00 

Labor  Relations  Commission: 
1619-01     For  the  service  of  the  commission,  including 
not  more   than   twenty-three  permanent 
positions 114,328  00 

Total,  Department  of  Labor  and  Indus- 
tries         $1,272,203  00 


Service  of  the  Department  of  Mental  Health. 

1701-01     For  the  salary  of  the  commissioner  $16,000  00 

1701-02  For  administration,  including  not  more  than 
one  hundred  and  one  permanent  positions, 
and  including  transportation,  medical  ex- 
aminations and  boarding  out  of  patients 
and  certain  feeble-minded  persons;  pro- 
vided, that  the  position  of  supervisor  of 
laundry  service  shall  not  be  subject  to  the 
civil  service  laws  and  rules 


Total 

Division  of  Mental  Hygiene: 
1702-00    For  the  service  of  the  division,  including  not 

more  than  seventy  permanent  positions 
1703-01     This  item  omitted. 

For  the  maintenance  of  and  for  certain  im- 
provements at  the  following  institutions 
tmder  the  control  of  the  department  of 
mental  health: 

1710-00  Boston  psychopathic  hospital,  including  not 
more  than  one  hundred  and  eighty-three 
permanent  positions         .... 

1711-00  Boston  state  hospital,  including  not  more 
than  seven  hundred  and  seventy-two  per- 
manent positions     ..... 

1712-00  Danvers  state  hospital,  including  not  more 
than  six  hundred  and  fifty-five  permanent 
positions        ...... 

1713-00  Foxborough  state  hospital,  including  not 
more  than  four  hundred  and  fifteen  perma- 
nent positions         ..... 

1714-00  Gardner  state  hospital,  including  not  more 
than  four  hundred  and  twenty-two  perma- 
nent positions  ..... 

1715-00  Grafton  state  hospital,  including  not  more 
than  five  hxmdred  and  thirty-seven  perma- 
nent positions  ..... 

1716-00  Medfield  state  hospital,  including  not  more 
than  five  hundred  and  thirty  permanent 
positions        ...... 


617,292  00 
$632,292  00 


$317,720  00 


801,687  00 
3,738,180  00 
2,763,405  00 
1,688,000  00 
1,867,580  00 
2,287,855  00 
2,134,096  00 


Acts,  1952.  — Chap.  310. 


221 


Item 

1717-00  Metropolitan  stat«  hospital,  including  not 
more  than  four  hundred  and  ninety  perma- 
nent positions         .....    $2,193,386  00 

Sp>ecial : 

1717-29    For  the  purchase  and  installation  of  certain 

screens 10,000  00 

1718-00  Northampton  state  hospital,  including  not 
more  than  five  hundred  and  twenty-nine 
permanent  positions         ....      2,397,880  00 

1719-00  Taunton  state  hospital,  including  not  more 
than  five  hundred  and  thirty-eight  perma- 
nent positions         .....      2,335,895  00 

1720-00  Westborough  state  hospital,  including  not 
more  than  six  hundred  and  two  permanent 
positions 2,550,520  00 

1721-00  Worcester  state  hospital,  including  not  more 
than  six  hundred  and  eighty-three  perma- 
nent positions 2,970,740  00 

1722-00  Monson  state  hospital,  including  not  more 
than  five  himdred  and  six  permanent  posi- 
tions       2,035,375  00 

1723-00  Belchertown  state  school,  including  not  more 
than  three  hxmdred  and  eighty-two  perma- 
nent positions         .....       1,647,730  00 

1724-00  Walter  E.  Femald  state  school,  including  not 
more  than  five  hundred  and  seventy-six 
permanent  positions         ....      2,497,514  00 

1725-00  Wrentham  state  school,  including  not  more 
than  four  hundred  and  forty-seven  perma- 
nent positions 2,014,700  00 

1726-00  Myles  Standish  state  school,  including  not 
more  than  four  hundred  and  four  perma- 
nent positions         .....       1,917,856  00 

Total,  Department  of  Mental  Health   .  $38,802,410  00 


1801-01 
1801-02 


1801-05 


1801-21 


1805-01 


Service  of  the  Department  of  Correction. 

For  the  salary  of  the  commissioner       .         .  $8,000  00 

For  administration,  including  not  more  than 
forty-four  permanent  positions;  provided, 
that  the  persons  employed  under  the  divi- 
sion of  classification  of  prisoners  shall  not 
be  subject  to  the  civil  service  laws  and 
rules 204,500  00 

For  the  operation  of  prison  camps,  as  au- 
thorized by  chapter  seven  hundred  and 
fifty-five  of  the  acts  of  nineteen  hundred 
and  fifty-one,  including  not  more  than 
twelve  permanent  positions  .         .  102,480  00 

Non-Contributory  Pensions: 
For  the  compensation  of  certain  prison  officers 
and  instructors  formerly  in  the  service  of 
the  commonwealth,  now  retired        .  70,000  00 


Total  .         .         .         .         .         .       $384,980  00 

Parole  Board: 
For  the  service  of  the  board,  including  not 
more  than  forty-two  permanent  positions  .       $203,650  00 


222  Acts,  1952.  — Chap.  310. 

Item 

For  the  maintenance  of  and  for  certain  im- 
provements at  the  following  institutions 
under  the  control  of  the  department  of 
correction : 

1810-01  State  farm,  including  not  more  than  four  hun- 
dred and  seventy-three  permanent  posi- 
tions       $2,415,406  00 

1812-01  State  prison,  including  not  more  than  one 
hundred  and  sixty-five  permanent  posi- 
tions       928,282  00 

1814-01  Massachusetts  reformatory,  including  not 
more  than  two  hundred  and  five  permanent 
positions 1,165,817  00 

1816-01  Reformatory  for  women,  including  not  more 
than  one  hundred  and  thirty-eight  perma- 
nent positions  683,175  00 

1818-01  State  prison  colony,  including  not  more  than 
two  hundred  and  thirty-four  permanent 
positions 1,271,707  00 


Total,  Department  of  Correction  .  .     $7,053,017  00 


Service  of  the  Department  of  Public  Welfare. 

1901-01     For  the  salary  of  the  commissioner       .  $10,000  00 

1901-03  For  administration  of  the  program  of  old  age 
assistance  provided  by  chapter  one  hun- 
dred and  eighteen  A  of  the  General  Laws, 
as  amended,  for  the  office  of  the  commis- 
sioner and  for  the  divisions  of  aid  and  relief 
and  child  guardianship,  including  not  more 
than  five  hundred  and  fifty-five  permanent 
positions;  provided,  that  the  comptroller 
shall  transfer  to  the  General  Fund  the  sum 
of  six  hundred  and  seventy-five  thousand 
seven  hundred  dollars  from  the  Old  Age 
Assistance  Fund;  and,  provided  further, 
that  any  revenue  resulting  from  the  ad- 
ministration of  old  age  assistance  shall  be 
credited  to  the  Old  Age  Assistance  Fund; 
and,  provided  further,  that  the  two  posi- 
tions of  deputy  commissioner  of  public 
welfare  be  appointed  by  the  governor  with 
the  advice  and  consent  of  the  councU  .  .  2,195,205  00 
1901-22  For  expenses  in  connection  with  the  federal 
program  for  distribution  of  surplus  com- 
modities; provided,  that  notwithstanding 
any  other  provision  of  law,  persons  em- 
ployed hereunder  shall  not  be  subject  to 
the  civU  service  laws  and  rules,  but  their 
employment  and  salary  rates  shall  be  sub- 
ject to  approval  of  the  division  of  personnel 
and  standardization         ....  12,860  00 


Total $2,218,065  00 

The  following  items  are  for  reimbursement 
of  cities  and  towns,  and  are  to  be  in 
addition  to  any  unexpended  balance  of 
appropriations  heretofore  made  for  the 
purpose : 
1904-10     For  the  payment  of  suitable  aid  to  certain 

dependent  chUdren  ....     $6,150,00000 


Acts,  1952.  — Chap.  310. 


223 


Item 
1904-11 

1904-12 


1904-13 
1904-14 


1904-16 


For  the  burial  by  cities  and  towns  of  indigent 
persons  who  have  no  legal  settlement 

For  expenses  in  connection  with  smallpox  and 
other  diseases  dangerous  to  the  public 
health   ....... 

For  the  support  of  sick  indigent  persons  who 
have  no  legal  settlement 

For  temporary  aid  given  by  cities  and  towns 
to  indigent  persons  with  no  legal  settle- 
ment, and  to  shipwrecked  seamen,  and  for 
the  transportation  of  indigent  persons 
under  the  charge  of  the  department 

Total 

For  administrative  cost  and  for  the  reim- 
bursement of  cities  and  towns  for  total  and 
permanent  disabihty  assistance  as  pro- 
vided by  chapter  one  hundred  and  eighteen 
D  of  the  General  Laws,  and  for  payments 
made  in  accordance  with  section  three  of 
said  chapter  one  hundred  and  eighteen  D, 
to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  purpose    . 

Division  of  Child  Guardianship : 
For  the  care  and  maintenance  of  children 
under  the  jurisdiction  of  the  division  of 
child  guardianship,  to  be  in  addition  to  any 
amoimt  heretofore   appropriated   for  the 
piu-pose  ...... 

For  tuition  in  the  public  schools,  including 
transportation  to  and  from  school,  of  chil- 
dren boarded  by  the  department,  for  the 
twelve  months  ending  June  thirtieth,  nine- 
teen hundred  and  fifty-two 

Total 

Massachusetts  Hospital  School: 
For  the  maintenance  of  the  Massachusetts 
hospital  school,  including  not  more  than 
one  hundred  and  eighty-nine  permanent 
positions         ...... 

Tewksbury  State  Hospital  and  Infirmary: 
For  the  maintenance  of  the  Tewksbury  state 
hospital  and  infirmary,  including  not  more 
than  seven  hundred  and  four  permanent 
positions         ...... 


Special : 
1919-21     For  certain  exterior  painting 

Special : 
1919-22    For  certain  furnishings,  employees'  quarters 


1906-04 


1906-06 


1918-00 


1919-00 


$31,000  00 


400,000  00 
425,000  00 


2,600,000  00 
$9,506,000  00 


$2,512,500  00 

$2,760,000  00 

520,000  00 
$3,270,000  00 

$850,267  00 

2,933,951  00 
15,000  00 
12,700  00 


Total,  Department  of  Public  Welfare  $21,318,483  00 


2001-01 


Service  op  the  Department  of  Public  Health. 

Bureau  of  Administration: 
For  the  salary  of  the  commissioner  .         $12,500  00 


224 


Acts,  1952.  — Chap.  310. 


Item 

2001-02 


For  the  service  of  the  division  of  administra- 
tion, including  not  more  than  forty-two 
permanent  positions        ....       $188,606  00 

Total $201,106  00 


Bureau  of  Institutions: 

2010-01  For  the  service  of  the  division  of  tuberculosis 
and  sanatoria,  including  not  more  than 
twenty-eight  permanent  positions     .  $217,680  00 

2010-05     For  the  payment  of  subsidies  for  tubercular 

patients  in  certain  hospitals     .  465,000  00 

2010-10  For  the  service  of  the  division  of  biologic 
laboratories,  including  not  more  than  one 
himdred  and  eight  permanent  positions     .         626,981  00 

2010-20    For  the  expenses  of  a  health  protection  clinic  52,765  00 

2010-30  For  the  service  of  the  division  of  hospitals, 
including  not  more  than  fifteen  permanent 
positions 83,330  00 

2010-40  For  the  service  of  the  di\'ision  of  chronic  dis- 
eases, including  not  more  than  seventeen 
permanent  positions         ....         145,790  00 

2010-60     For  a  heart  disease  control  program     .  18,000  00 

Total $1,609,546  00 

Bureau  of  Environmental  Sanitation: 
2015-01     For  the  service  of  the  bureau,  including  not 

more  than  ninety-one  permanent  positions       $428,555  00 

Bureau  of  Preventive  Medicine: 

2020-01  For  the  service  of  the  division  of  preventive 
medicine,  including  not  more  than  fifty- 
four  permanent  positions  .  335,836  00 

2020-10  For  the  service  of  the  division  of  communi- 
cable diseases,  including  not  more  than 
nineteen  permanent  positions  .  387,626  00 

2020-30  For  the  operation  of  alcoholic  clinics  in  the 
out-patient  departments  of  certain  general 
hospitals 89,970  00 

2020-40    For  the  expenses  of  the  citizens'  committee 

for  public  health 9,962  00 

Total $823,394  00 


For  the  maintenance  of  and  for  certain 
improvements  at  the  following  institu- 
tions under  the  control  of  the  depart- 
ment of  public  health: 

2022-00  Lakeville  state  sanatorium,  including  not 
more  than  two  hundred  and  twenty-five 
permanent  positions         ....        $927,512  00 

2023-00  North  Eeading  state  sanatorium,  including 
not  more  than  two  himdred  and  one  per- 
manent positions    .....         766,893  00 

2024-00  Rutland  state  sanatorium,  including  not 
more  than  two  hundred  and  forty-nine  per- 
manent positions    .....       1,044,678  00 

2025-00  Westfield  state  sanatorium,  including  not 
more  than  two  hundred  and  seventy-six 
permanent  positions         ....       1,220,842  00 

2026-00     Chronic  disease  hospital,  including  not  more 

than  two  permanent  positions  .  .  .  13,990  00 


Acts,  1952.  — Chap.  310. 


225 


Item 

2031-00  Pondville  hospital,  including  not  more  than 
two  hundred  and  thirty-nine  permanent 
positions         ...... 


$959,236  00 


Total,  Department  of  Public  Health     .    $7,995,752  00 


Service  of  the  Department  of  Public  Safety. 


2101-01 
2101-02 


2102-04 


2103-01 


For  the  salary  of  the  commissioner 
For  administration,  including  not  more  than 
eighty-four  permanent  positions 

Total 

Division  of  State  Police: 
For  expert  assistance  to  the  commissioner, 
and  for  maintenance  of  laboratories,  in- 
cluding not  more  than  ten  permanent  posi- 
tions     ....... 

Division  of  Fire  Prevention: 
For  the  fire  prevention  service,  including  not 
more  tlian  twenty-five  permanent  positions 


Division  of  Inspection: 

2104-01  For  administration,  including  not  more  than 
one  permanent  position   .... 

2104-11  For  the  building  inspection  service,  including 
not  more  than  thirty-three  permanent  posi- 
tions     .  .  .  .  . 

2104-21  For  the  boiler  inspection  service,  including 
not  more  than  twenty-six  permanent  posi- 
tions     ....... 

2104-31  For  the  board  of  boiler  rules,  including  not 
more  than  four  permanent  positions 

Total 

State  Boxing  Commission: 
2105-11     For  the  service  of  the  commission,  including 
not  more  than  five  permanent  positions 

Board  of  Standards: 
2106-01     For  the  service  of  the  board,  including  not 
more  than  seven  permanent  positions 

Board  of  Elevator  Regulations: 
2107-01     For  the  service  of  the  board,  including  not 
more  than  seven  permanent  positions 

Board  of  Fire  Prevention  Regulations: 
2108-01     For  the  service  of  the  board,  including  not 
more  than  six  permanent  positions    . 

Total)  Department  of  Public  Safety 


$10,000  00 

321,685  00 

$331,685  00 


$44,500  00 

157,125  00 

9,305  00 

177,025  00 

144,515  00 

2,149  00 

$332,994  00 

$27,990  00 

4,400  00 

4,600  00 

3,650  00 
,944  00 


Service  of  the  Department  of  Public  Works. 

Division  of  Waterways: 
2202-03     For  administration,  including  not  more  than 
sixty-one  permanent  positions;    provided, 
that  an  amount  equal  to  the  expenditures 
for  personal  services  properly  chargeable 


226 


Acts,  1952.  — Chap.  310. 


Item 


2202-05 


2202-06 
2202-07 
2202-20 


2202-21 
2202-22 
2202-23 


to  item  2202-05,  as  certified  by  the  director 
of  the  division,  shall  be  credited  as  revenue 
to  the  General  Fund        .... 

For  the  improvement,  development,  mainte- 
nance and  protection  of  rivers,  harbors, 
tidewaters  and  foreshores  within  the  com- 
monwealth, as  authorized  by  section  eleven 
of  chapter  ninety-one  of  the  General  Laws; 
and  of  great  ponds;  and  any  unexpended 
balance  of  the  appropriation  remaining  on 
June  thirtieth,  nineteen  hundred  and  fifty- 
two  may  be  expended  in  the  succeeding 
fiscal  year;  provided,  that  all  expenditures 
for  work  undertaken  hereunder,  excepting 
the  entire  cost  of  the  surveys  and  the  prep- 
aration of  preliminary  plans,  shall  be  upon 
condition  that  at  least  fifty  per  cent  of  the 
cost  is  covered  by  contributions  from  mu- 
nicipalities or  other  organizations  and  in- 
dividuals, except  that  in  the  case  of  dredg- 
ing channels  for  harbor  improvements  at 
least  twenty-five  per  cent  of  the  cost  shall 
be  so  covered;  and,  provided  further,  that 
the  department  of  public  works  is  hereby 
authorized  to  enter  and  construct  on  pri- 
vate land  such  works  as  may  be  necessary 
to  secure  and  protect  sea  walls  already 
built 

For  the  maintenance  and  repair  of  certain 
property  in  the  town  of  Plymouth,  includ- 
ing not  more  than  two  permanent  positions 

For  the  operation  and  maintenance  of  the 
New  Bedford  state  pier,  including  not  more 
than  nine  permanent  positions 

For  the  care  and  maintenance  ot  the  province 
lands  and  of  the  lands  acquired  and  struc- 
tures erected  by  the  Provincetown  ter- 
centenary commission,  including  not  more 
than  five  permanent  positions 

For  the  compensation  of  dumping  inspectors 

This  item  omitted. 

This  item  omitted. 

Total,  Department  of  Public  Works 


$232,052  00 


100,000  00 


9,589  00 


28,164  00 


16,930  00 
200  00 


$386,935  00 


Service  of  the  Department  of  Public  Utilities. 

2301-01  For  personal  services  of  the  commissioners, 
including  not  more  than  five  permanent 
positions         ...... 

2301-02  For  administration,  including  not  more  than 
seventy  permanent  positions    . 

2301-09  For  hearings  and  special  investigations;  pro- 
vided, that  no  salaries  or  expenses  of  per- 
manent employees  shall  be  chargeable  to 
this  item         ...... 

2301-11  For  the  administration  of  certain  rules  and 
regulations,  as  authorized  by  section 
seventy-five  E  of  chapter  one  hundred  and 
sixty-four  of  the  General  Laws,  pertaining 
to  the  construction  and  operation  of  natural 
gas  pipe  lines  in  the  commonwealth  . 


Total 


$46,500  00 
342,010  00 

10,000  00 

10,000  00 
$408,510  00 


Acts,  1952.  — Chap.  310. 


227 


Item 

Commercial  Motor  Vehicle  Division: 
2304-01     For  the  service  of  the  division,  including  not 

more  than  thirty-two  permanent  positions       $154,930  00 

Securities  Division: 
2308-01     For  the  service  of  the  division,  including  not 

more  than  ten  permanent  positions  .  43,735  00 

Total,  Department  of  Public  Utilities  .       $607,175  00 


Interest  and  Redemption  of  Debt. 

2410-00  For  the  pajonent  of  interest  on  the  direct 
debt  of  the  commonwealth,  for  the  year 
nineteen  hundred  and  fifty-three  and  pre- 
vious years,  to  be  in  addition  to  the 
amounts  appropriated  in  items  2951-00, 
3180-02  and  3590-02,  and  to  be  in  addition 
to  any  amoimts  heretofore  appropriated 
for  the  purpose $1,304,484  00 

2420-00  For  certain  serial  bonds  maturing  during  the 
year  nineteen  hundred  and  fifty-three,  to 
be  in  addition  to  the  amounts  appropriated 
in  items  2952-00,  3180-01  and  3590-03     .      7,507,000  00 

Total,  Interest  and  Redemption  of  Debt    $8,811,484  00 


2805-01 


2805-02 


2811-02 


2811-03 


Annuities  and  Payments. 

For  the  payment  of  certain  annuities  and 

pensions  of  soldiers  and  others  under  the 

provisions  of  certain  acts  and  resolves  $16,000  00 

For  payment  of  any  claims,  as  authorized  by 

section  eighty-nine  of  chapter  thirty-two 

of  the  General  Laws,  for  allowances  to  the 

families    of   certain   employees   killed    or 

fatally  injured  in  the  discharge  of  their 

duties 15,000  00 

Total $31,000  00 

Non-Contributory  Pensions: 

For  the  compensation  of  veterans  who  may 
be  retired  by  the  governor  under  the  pro- 
visions of  sections  fifty-six  to  fifty-nine, 
inclusive,  of  chapter  thirty-two  of  the  Gen- 
eral Laws,  and  for  the  cost  of  medical 
examinations  in  connection  therewith  $900,000  00 

This  item  included  in  item  1801-21. 

Total,  Annuities  and  Payments  $931,000  00 


Miscellaneous. 

2820-02  For  payment,  with  the  approval  of  the 
comptroller,  of  expenses  for  which  no  funds 
or  insufficient  funds  were  allotted  or  re- 
served; provided,  that  such  expenses  were 
not  in  excess  of  the  appropriation  account         $25,000  00 

2820-06  For  reimbursement  of  persons  for  funds  pre- 
viously deposited  in  the  treasury  of  the 
commonwealth  and  escheated  to  the  com- 
monwealth    ......  5,000  00 


228 


Acts,  1952.  —  Chap.  310. 


Item 
2820-32 


2820-34 


For  the  purchase  by  the  state  purchasing 
agent  of  motor  vehicles  for  which  funds 
are  not  otherwise  available.  Motor  ve- 
hicles purchased  under  this  item  are  to  be 
allocated,  with  the  approval  of  the  com- 
mission on  administration  and  finance,  to 
the  departments  and  agencies  of  the  com- 
monwealth whose  appropriations  are  made 
from  the  General  Fund,  and  transfers  of 
the  sums  required  for  said  purchases  are 
to  be  authorized  by  said  commission  from 
the  amount  herein  appropriated  to  appro- 
priations made  for  the  services  of  said 
departments  and  agencies.  Said  commis- 
sion is  hereby  authorized  to  provide  for 
the  transfer  of  motor  vehicles  from  one 
such  agency  or  department  to  another 
when,  in  its  opinion,  such  a  transfer  is  for 
the  best  interests  of  the  commonwealth     . 

This  item  postponed. 

Total,  Miscellaneous    .... 


$75,000  00 


$105,000  00 


The  Following  Appropriations  are  made  from  the  Highway  Fund: 
Service  of  the  Department  of  Public  Works. 

Highway  Activities. 

2900-01  For  the  salaries  of  the  commissioner  and  the 
associate  commissioners,  including  not 
more  than  three  permanent  positions  $31,000  00 

2900-02  For  administration  and  engineering  in  con- 
nection with  all  highway  activities;  for 
the  offices  of  the  department  secretary, 
personnel  officer  and  business  agent;  and 
for  the  payment  of  damages  caused  by  de- 
fects in  state  highways,  with  the  approval 
of  the  attorney  general;  provided,  that 
amounts  made  available  by  this  item  in 
any  fiscal  year  shall  be  available  for  ex- 
penditure in  the  succeeding  fiscal  year       .       8,000,000  00 

2900-04  For  the  maintenance  and  repair  of  state  high- 
ways and  bridges,  traffic  signs  and  signals, 
including  the  cost  of  snow  and  ice  control 
on  state  highways  and  town  roads  and  in- 
cluding traffic  safety  devices  on  town  and 
city  ways  as  the  department  may  deem 
necessary;  for  work  for  which  the  High- 
way Fund  is  reimbursed  other  than  work 
in  connection  with  the  projects  included  in 
federal  aid  programs;  and  for  the  purchase, 
construction  and  repair  of  shelters  for  de- 
partmental equipment  and  material,  the 
cost  of  which  is  less  than  ten  thousand  dol- 
lars for  each  project;  provided,  that 
amounts  made  available  by  this  item  in 
any  fiscal  year  shall  be  available  for  ex- 
penditure in  the  succeeding  fiscal  year  14,000,000  00 

2900-10  For  projects  for  the  construction  and  recon- 
struction of  highways  and  bridges,  includ- 
ing the  elimination  of  grade  crossings, 
which  have  been  approved  by  the  proper 
federal  authorities  to  be  included  in  federal 
aid  programs,  and  for  land  damages  in 


Acts,  1952.  — Chap.  310. 


229 


Item 


2900-12 


2900-17 


2900-18 


connection  with  such  projects;  provided, 
that  any  portion  of  the  sum  herein  appro- 
priated may  also  be  used  for  said  federal 
aid  projects  in  conjunction  with  city  or 
town  funds;  and,  provided  further,  that 
the  balance  of  amounts  made  available  for 
expenditure  in  the  fiscal  year  nineteen  hun- 
dred and  fifty-two  are  hereby  reappropri- 
ated;  and,  provided  further,  that  amounts 
made  available  by  this  item  in  any  fiscal 
year  shall  be  available  for  expenditure  in 
the  succeeding  fiscal  year. 

For  projects  for  improving  state  highways 
and  through  routes,  including  bridges,  and 
including  construction  and  reconstruction, 
it  being  the  intent  of  the  general  court  that 
state  highways  shall  be  made  continuous 
whether  or  not  sections  to  be  made  state 
highways  require  construction  work;  and 
upon  agreement  with  city  or  town  officials, 
for  construction  of  needed  improvements 
on  other  through  routes  not  designated  as 
state  highways  and  without  acceptance  by 
the  commonwealth  of  responsibility  for 
maintenance;  provided,  that  any  portion 
of  the  sum  appropriated  herein  may  be 
used  in  conjunction  with  city  or  town  funds; 
and,  provided  further,  that  amounts  made 
available  by  this  item  in  any  fiscal  year 
shall  be  available  for  expenditure  in  the 
succeeding  fiscal  year      ....     $2,300,000  00 

For  projects  for  the  construction  and  main- 
tenance of  town  and  county  ways,  as  pro- 
vided in  subdivision  two  (a)  of  section 
thirty-four  of  chapter  ninety  of  the  General 
Laws;  provided,  that  amounts  made  avail- 
able by  this  item  in  any  fiscal  year  shall  be 
available  for  expenditure  in  the  succeeding 
fiscal  year;  and,  further  provided,  that  not 
less  than  three  hundred  thousand  dollars 
of  the  sum  herein  appropriated  shall  be 
available  for  maintenance  projects  on  said 
town  and  county  ways     ....       4,000,000  00 

For  aiding  cities  and  towns  in  the  repair  and 
improvement  of  public  ways,  as  provided 
by  section  twenty-six  of  chapter  eighty-one 
of  the  General  Laws;  except,  that  the 
state's  contribution  shall  be  at  an  annual 
rate  not  to  exceed  two  hundred  and  sev- 
enty-five dollars  per  mile  for  the  calendar 
year  nineteen  hundred  and  fifty-three,  the 
provisions  of  chapter  six  hundred  and 
eighty-nine  of  the  acts  of  nineteen  hun- 
dred and  forty-five  and  chapter  seven  hun- 
dred and  six  of  the  acts  of  nineteen  hundred 
and  forty-nine  notwithstanding;  and,  pro- 
vided, that  the  amount  appropriated  for 
the  purpose  in  any  fiscal  year  shall  be  avail- 
able for  expenditure  in  the  succeeding  fiscal 
year 2,600,000  00 


Special : 
2900-31     For  the  expenses  of  preparing  plans,  acquir- 
ing land  and  constructing  a  maintenance 


230 


Acts,  1952.  — Chap.  310. 


Item 

depot;  provided,  that  the  balance  of 
amounts  made  available  for  expenditure 
by  section  two  of  chapter  eight  hundred 
and  twenty-five  of  the  acts  of  nineteen 
hundred  and  fifty  are  hereby  reappropri- 
ated;  and  further  provided,  that  expendi- 
tures for  this  purpose  shall  not  be  subject 
to  the  provisions  of  chapter  ninety-two  A 
of  the  General  Laws. 

Special: 
2900-32     For  aU  expenses  of  preparing  plans,  acquiring 
land,  constructing  or  otherwise  acquiring 
certain  small  garages;   provided,  that  the 
balance  of  amounts  made  available  for  this 

Eurpose  by  section  two  of  chapter  four 
undred  and  ninety  of  the  acts  of  nineteen 
hundred  and  fifty-one,  as  amended  by  item 
2900-32  of  section  two  of  chapter  eight 
hundred  and  six  of  the  same  year  are  hereby 
reappropriated ;  and,  further  provided,  that 
expenditures  for  such  purposes  shall  not  be 
subject  to  the  provisions  of  chapter  ninety- 
two  A  of  the  General  Laws;  and,  further 
provided,  that  amounts  made  available  by 
this  item  in  any  fiscal  year  shall  be  avail- 
able for  expenditure  in  the  succeeding  fis- 
cal year. 

Special: 
2900-33  For  the  expenses  of  preparing  plans,  acquir- 
ing land  and  constructing  a  district  office, 
garage  and  shop  in  the  Worcester  district, 
so  called,  of  the  department  of  public 
works;  provided,  that  the  balance  of 
amounts  made  available  for  expenditure 
by  chapter  eight  hundred  and  twenty-five 
of  the  acts  of  nineteen  hundred  and  fifty 
are  hereby  reappropriated;  and,  further 
provided,  that  expenditures  for  this  pur- 
pose shall  not  be  subject  to  the  provisions 
of  chapter  ninety-two  A  of  the  General 
Laws. 


Special : 

2900-35  For  resurfacing  existing  state  highways  with 
not  less  than  two  inches  of  bitiuninous- 
bound  aggregate,  using  present  traveled 
ways  as  a  base;  provided,  that  the  state 
purchasing  agent  may  buy  the  required 
bituminous-treated  aggregate,  notwith- 
standing the  provisions  of  chapter  five 
hundred  and  forty-seven  of  the  acts  of 
nineteen  hundred  and  forty-one;  and, 
further  provided,  that  amounts  made 
available  by  this  item  in  any  fiscal  year 
shall  be  available  for  expenditure  in  the 
succeeding  fiscal  year       .... 

2900-36  For  the  construction  or  reconstruction  of  state 
highway  and  other  bridges,  including  cer- 
tam  bridges  placed  under  the  authority  of 
the  department  of  public  works  by  chapter 
six  hundred  and  ninety  of  the  acta  of  nine- 


$2,000,000  00 


Acts,  1952.  — Chap.  310. 


231 


Item 


teen  hundred  and  forty-five  and  by  chapter 
four  hundred  and  eighty-two  of  the  acts  of 
nineteen  hundred  and  forty-eight;  pro- 
vided, that  sums  herein  appropriated  may 
be  used,  upon  agreement  with  city  or  town 
officials  In  conjimction  with  city  or  town 
funds  without  acceptance  by  the  common- 
wealth of  responsibility  for  maintenance; 
and  provided,  further,  that  the  balance  of 
amounts  made  available  for  this  purpose  by 
section  two  of  chapter  eight  hundred  and 
twenty-five  of  the  acts  of  nineteen  hundred 
and  fifty  and  section  two  of  chapter  four 
himdred  and  ninety  of  the  acts  of  nineteen 
himdred  and  fifty-one  are  hereby  reappro- 
priated;  and  provided,  further,  that 
amounts  made  available  by  this  item  in 
any  fiscal  year  shall  be  available  for  ex- 
penditure in  the  succeeding  fiscal  year 


$850,000  00 


Special : 

2900-38  For  expenses  in  connection  with  research  and 
investigational  work  to  be  done  on  a  co- 
operative basis  with  the  Massachusetts 
Institute  of  Technology  ....  30,000  00 

2900-45  For  the  office  of  the  commissioner,  including 
the  telephone  service  in  the  public  works 
building,  and  including  not  more  than 
fourteen  permanent  positions   .  84,628  00 

2900-55  The  existence  of  the  public  work  stores  and 
equipment  account,  established  by  items 
2900-50  and  2900-55  of  section  two  of 
chapter  sixty-eight  of  the  acts  of  nineteen 
himdred  and  forty-three,  is  hereby  con- 
tinued for  the  year  nineteen  hundred  and 
fifty-three  under  the  terms  and  conditions 
prescribed  by  said  items  of  said  chapter 
sixty-eight;  proxdded,  that  the  total 
amount  to  be  expended  for  capital  outlay 
for  the  purchase  of  equipment  from  this 
account  in  the  year  nineteen  hundred  and 
fifty-three  shall  not  exceed  one  million  five 
hundred  thousand  dollars,  and  the  sum  of 
five  hundred  thousand  dollars  is  hereby 
appropriated,  to  be  in  addition  to  any 
amounts  otherwise  available  for  this  pur- 
pose; and,  further  provided,  that  amounts 
made  available  by  this  item  in  any  fiscal 
year  shall  be  available  for  expenditure  in 
the  succeeding  fiscal  year  .  500,000  00 

2900-61  For  the  compensation  of  former  employees 
of  the  department  of  public  works,  now 
retired,  as  authorized  by  chapter  four  hun- 
dred and  three  of  the  acts  of  nineteen  hun- 
dred and  forty-eight        ....  30,000  00 


Public  Works  Building: 
2900-80    For  the  operation  and  maintenance  of  the 
public  works  building,  including  not  more 
than  eighty-three  permanent  positions 


383,475  00 


Total,  Department  of  Public  Works       .  $34,809,103  00 


232 


Acts,  1952.  — Chap.  310. 


Service  of  the  Registry  of  Motor  Vehicles. 


Item 

2924-01  For  the  service  of  the  registry,  including  not 
more  than  seven  hundred  and  sixty-six 
permanent  positions         .... 

Total,  Registry  of  Motor  Vehicles 


$3,720,495  00 
$3,720,495  00 


Service  of  the  Department  of  Public  Safety. 

Division  of  State  Police. 

2926-01  For  the  service  of  the  division,  including  not 
more  than  four  himdred  and  ninety-six 
permanent  positions         ....     $2,659,940  00 

2926-11  For  the  compensation  of  state  police  officers 
formerly  in  the  service  of  the  common- 
wealth, now  retired  ....  75,000  00 
The  comptroller  is  hereby  authorized  to 
transfer  to  the  Highway  Fund  the  sum  of 
six  hundred  and  eighty-three  thousand 
seven  hundred  dollars  from  the  General 
Fund  and  the  sum  of  thirty  thousand 
dollars  from  the  Old  Age  Assistance  Fund 
on  account  of  the  above  two  items. 


Total,  Department  of  Public  Safety 


2,734,940  00 


Service  of  the  Metropolitan  District  Commission. 

The  following  items  are  to  be  paid  with  the 
approval  of  the  Metropolitan  District 
Commission : 

2931-01  For  general  administration,  including  not 
more  than  sixty  permanent  positions;  pro- 
vided, that  the  comptroller  shall  transfer 
to  the  Highway  Fund  the  sum  of  one  hun- 
dred and  ninety-one  thousand  three  hun- 
dred and  fifty  dollars  from  the  Metropoli- 
tan District  Commission  Funds,  to  be 
assessed  by  methods  fixed  by  law  $259,589  00 

2931-04  For  the  construction,  reconstruction  and  im- 
provement of  boulevards  and  parkways, 
including  bridges,  and  including  the  re- 
surfacing and  repairing  thereof,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose    ....       1,000,000  00 

2931-06  For  the  maintenance  of  boulevards  and  park- 
ways, including  the  installation  of  traflBc 
lights  and  including  Bunker  Hill  and  the 
property  adjacent,  and  for  the  mainte- 
nance of  parks  reservations  and  the  Charles 
River  basin,  including  the  retirement  of 
metropolitan  police  and  veterans  under  the 
provisions  of  the  General  Laws;  provided, 
that  the  comptroller  shall  transfer  to  the 
Highway  Fund  the  sum  of  two  million  one 
hundred  and  eighteen  thousand  six  hun- 
dred and  eighty  dollars  from  the  Metro- 
politan District  Commission  Park  Funds, 
to  be  assessed  by  methods  fixed  by  law. 
and  the  sum  of  fifty-four  thousand  three 


Acts,  1952.  — Chap.  310. 


233 


Item 


2951-00 


2952-00 


hundred  and  twenty-five  dollars  from  the 

General  Fund $5,323,513  00 


Total,   Metropolitan   District  Commis- 
sion          $6,583,102  00 


Interest  and  Redemption  op  Debt. 

For  the  payment  of  interest  on  the  direct 
debt  of  the  commonwealth,  for  the  year 
nineteen  hundred  and  fifty-three  and  previ- 
ous years,  to  be  in  addition  to  the  amounts 
appropriated  in  items  2410-00,  3180-02 
and  3590-02,  and  to  be  in  addition  to  any 
amounts  heretofore  appropriated  for  the 
purpose  ...... 

For  certain  serial  bonds  maturing  during  the 
year  nineteen  hundred  and  fifty-three,  to 
be  in  addition  to  the  amounts  appropri- 
ated in  items  2420-00,  3180-01  and  3590- 
03 


$2,048,048  00 


10,008,500  00 


Total,  Interest  and  Redemption  of  Debt  $12,056,548  00 


The  Following  Appropriations  are  made  from  the  Port  of  Bos- 
ton Fund:  Service  of  the  Port  of  Boston  Aitthoritt. 

3140-01  For  expenses  of  administration,  including  not 
more  than  sixty-eight  permanent  positions; 
provided,  that  no  compensation  or  ex- 
penses of  consultants  for  legal  services  shall 
be  chargeable  to  this  item;  and,  provided, 
further,  that  the  positions  of  executive 
secretary  and  site  representative  shall  not 
be  subject  to  the  civil  service  laws  and 
rules      ....... 

3150-01  For  the  operation  and  maintenance  of  prop- 
erty under  the  control  of  the  authority, 
including  not  more  than  eighty-one  perma- 
nent positions  ..... 

Total 

Interest  and  Redemption  of  Debt: 
3180-01  For  certain  serial  bonds  maturing  during  the 
year  nineteen  hundred  and  fifty-three,  to 
be  in  addition  to  the  amounts  appropriated 
in  items  2420-00,  2952-00  and  3590-03  . 
3180-02  For  the  payment  of  interest  on  the  direct 
debt  of  the  commonwealth,  for  the  year 
nineteen  hundred  and  fifty-three  and  previ- 
ous years,  to  be  in  addition  to  the  amounts 
appropriated  in  items  2410-00,  2951-00 
and  3590-02,  and  to  be  in  addition  to  any 
amounts  heretofore  appropriated  for  the 
purpose  ...... 

Total 

Total,  Port  of  Boston  Authority  . 


$356,906  GO 


372,600  00 
$729,506  00 


$698,000  00 


184,241  00 

$882,241  00 

$1,611,747  00 


234 


Acts,  1952.  — Chap.  310. 


The  Following  Appropriations  are  made  prom  the  Inland  Fish- 
eries AND  Game  Fund: 

Service  of  the  Department  of  Conservation. 

Item 

Division  of  Fisheries  and  Game.  (It  is 
hereby  provided  that  federal  funds  re- 
ceived as  reimbursements  under  the  fol- 
lowing items  are  to  be  credited  as  income 
to  the  Inland  Fisheries  and  Game  Fund) : 

3304-01     For  the  service  of  the  division,  including  not 

more  than  thirteen  permanent  positions  .  $68,720  00 

3304-06     For  expenses  of  the  board,  as  authorized  by 

chapter  twenty-one  of  the  General  Laws   .  2,500  00 

3304-31  For  expenses  at  game  farms  and  fish  hatch- 
eries, including  not  more  than  twenty-two 
permanent  positions         ....  498,394  00 

3304-42  For  the  improvement  and  management  of 
lakes,  ponds  and  rivers,  including  not  more 
than  three  permanent  positions         .  .  61,439  00 

3304-43     For  expenses  of  an  information  program  13,630  00 

3304-45  For  the  establishment  and  maintenanceof  pub- 
lic fishing  grounds,  including  not  more  than 
one  permanent  position;  provided,  that 
none  of  the  money  appropriated  under  this 
item  shall  be  used  for  the  purchase  of  land  13,335  00 

3304^7  For  certain  stream  surveys  and  inventory 
work,  as  authorized  by  chapter  two  hun- 
dred and  seven  of  the  acts  of  nineteen 
hundred  and  fifty-one,  including  not  more 
than  two  permanent  positions  28,049  00 

3304-51  For  wild  life  research  and  management,  includ- 
ing not  more  than  four  permanent  positions  72,280  00 

3304-53  For  expenses  of  establishing  and  conducting 
wild  life  restoration  projects,  as  authorized 
by  chapter  three  hundred  and  ninety-two 
of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  including  not  more  than  five  perma- 
nent positions         .....         146,402  00 

3304-54  For  the  improvement  of  streams  and  bird 
cover,  including  increasing  the  supply  of 
feed  for  game  birds  ....  7,500  00 

3304-56     For  a  biological  survey  of  the  streams  and 

waters  of  the  commonwealth    .  19,960  00 


Total $932,209  00 

Special : 
3304-44  For  the  contribution  of  the  department  of  con- 
servation towards  a  wild  life  co-operative 
research  project,  in  accordance  with  a  con- 
tract with  the  federal  government,  to  be  ex- 
pended by  the  University  of  Massachusetts  $6,000  00 

Division  of  Law  Enforcement: 
3308-05  For  the  payment  of  damages  caused  by  wild 
deer  and  wild  moose,  for  the  year  nineteen 
hundred  and  fifty-three  and  previous 
years,  as  provided  by  law  13,500  00 
3308-07  For  the  supervision  of  public  fishing  and  hunt- 
ing grounds    11,400  00 

Total $24,900  00 

Total,  Department  of  Conservation        .       $963,109  00 


Acts,  1952.  — Chap.  310. 


235 


The  Following  Appropriations  are  made  from  the  Veterans' 
Services  Fund: 

Service  of  the  Commissioner  of  Veterans'  Services. 

Item 

3501-01  For  personal  services  of  the  commissioner  and 
deputies,  including  not  more  than  three 
permanent  positions         ....         $18,660  00 

3501-02  For  the  office  of  the  commissioner,  including 
not  more  than  sixty-seven  permanent  posi- 
tions       332,976  00 

3501-03  For  the  payment  of  annuities  to  certain  dis- 
abled war  veterans,  as  authorized  by  sec- 
tions six  A  to  six  C,  inclusive,  of  chapter 
one  hundred  and  fifteen  of  the  General 
Laws 40,000  00 

3501-11  For  reimbursing  cities  and  towns  for  money 
paid  for  veterans'  benefits,  as  provided  in 
section  six  of  chapter  one  hundred  and  fif- 
teen of  the  General  Laws,  for  the  year  nine- 
teen hundred  and  fifty-three  and  for  pre- 
vious years,  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the 
purpose 3,150,000  00 

3501-12  For  reimbursing  cities  and  towns  for  money 
paid  on  account  of  war  allowance,  state  and 
military  aid  and  soldiers'  relief  to  certain 
residents  of  the  commonwealth  and  their 
dependents,  as  authorized  by  chapter 
eleven  of  the  acts  of  the  special  session  of 
nineteen  hundred  and  forty-two,  to  be  in 
addition  to  any  amount  heretofore  appro- 
priated for  the  purpose    ....  50,000  00 


Total,  Commissioner  of  Veterans'  Serv- 
ices ...... 


$3,591,635  00 


Service  of  the  Adjutant  General. 

3504-21     For  the  operation  of  the  war  records  project, 

so-called $22,786  00 

3504-25  For  expenses  of  the  United  Spanish  War  vet- 
erans, as  authorized  by  section  sixteen  of 
chapter  thirty-three  of  the  General  Laws  1,500  00 

Total,  Adjutant  General  $24,285  00 


Service  of  the  Soldiers'  Home  in  Massachusetts. 

3506-01  For  the  maintenance  of  the  Soldiers'  Home 
in  Massachusetts,  including  not  more  than 
five  hundred  and  sixty-seven  permanent 
positions         ...... 


$2,570,260  00 
Total,  Soldiers'  Home  in  Massachusetts    $2,570,260  00 


Service  of  the  Soldiers'  Home  in  Holyokb. 

3508-01     For  the  maintenance  of  the  Soldiers'  Home  in 
Holyoke,  including  not  more  than  eighty- 


236  Acts,  1952.  — Chap.  310. 

Item 

three  permanent  positions,  to  be  in  addi- 
tion to  any  amount  heretofore  appropri- 
ated for  the  purpose        ....       $600,080  00 


Total,  Soldiers'  Home  in  Holyoke         .       $600,080  00 


Service  of  the  State  Housing  Board. 

3510-01  For  the  service  of  the  board,  including  not 
more  than  sixteen  permanent  positions; 
provided,  that  all  compensation  and  ex- 
penses for  legal  services  shall  be  by  direc- 
tion and  under  the  control  of  the  attorney 
general  .  •.-..•  $403,395  00 

3510-11  For  reimbursement  to  certain  cities  and 
towns,  as  provided  by  chapter  two  hun- 
dred of  the  acts  of  nineteen  hundred  and 
forty-eight,  as  amended,  to  be  in  addition 
to  any  amount  heretofore  appropriated  for 
the  purpose 1,000,000  00 

3510-12  For  reimbursement  to  certain  cities  and 
towns,  as  provided  by  chapter  three  hun- 
dred and  seventy-two  of  the  acts  of  nine- 
teen hundred  and  forty-six,  as  amended  433,773  00 


Total,  State  Housing  Board  .    $1,837,168  00 


Service  of  the   Department  of  the  Treasurer  and  Receiver 

General. 

3512-05  For  the  service  of  the  veterans'  bonus  appeal 
board,  so  called,  as  authorized  by  section 
five  of  chapter  five  hundred  and  eighty-one 
of  the  acts  of  nineteen  hundred  and  forty- 
six $2,125  00 

3512-13  For  making  payments  to  soldiers  in  recogni- 
tion of  service  during  World  War  I  and  the 
Spanish  War,  as  provided  by  law     .         .  1,000  00 


Total,  Department  of  the  Treasurer  and 

Receiver  General      .  $3,125  00 


Service  of  the  Department  of  the  Auditor. 

3513-01  For  an  audit  of  certain  housing  authorities, 
as  authorized  by  chapter  six  hundred  and 
eighty-two  of  the  acts  of  nineteen  himdred 
and  forty-nine $60,341  00 


Total,  Department  of  the  Auditor         .         $60,341  00 


Service  of  the  Department  of  the  Attorney  General. 

3514-01  For  the  cost  of  providing  certain  legal  assist- 
ance for  the  benefit  of  veterans,  their  wives 
and  dependents $15,042  00 


Total,  Department  of  the  Attorney  Gen- 
eral   $15,042  00 


Acts,  1952.  — Chap.  310. 


237 


Item 

3516-01 


3516-05 


3516-22 


Service  of  the  Department  of  Education. 

For  assistance  to  children  of  certain  war  vet- 
erans, for  the  year  nineteen  hundred  and 
fifty-three  and  for  previous  years,  as  au- 
thorized by  section  seven  B  of  chapter 
sixty-nine  of  the  General  Laws  and  cor- 
responding provisions  of  earlier  laws  .  $50,000  00 

For  the  payment  of  retirement  assessments 
of  teachers  formerly  in  military  or  naval 
service,  as  authorized  by  section  nine  of 
chapter  seven  hundred  and  eight  of  the 
acts  of  nineteen  hundred  and  forty-one,  as  ' 
amended 1,000  00 

For  certain  educational  services  to  certain 
war  veterans  .....  147,645  00 


Total,  Department  of  Education  . 


$198,645  00 


Service  of  the  Department  of  Labor  and  Industries. 

Division  of  Apprentice  Training: 
3520-01  For  the  service  of  the  division,  including  not 
more  than  twenty-nine  permanent  posi- 
tions; provided,  that  all  of  the  positions  of 
this  division,  with  the  exception  of  the  head 
clerk,  shall  not  be  subject  to  chapter  thirty- 
one  of  the  General  Laws;  and,  provided 
further,  that  the  comptroller  shall  transfer 
to  the  Veterans'  Services  Fund  the  sum 
of  sixteen  thousand  four  hundred  dollars 
from  the  General  Fund    ....       $161,933  00 

Total,   Department  of  Labor  and  In- 
dustries .         .         .         .         .  $161,933  00 


Interest  and  Redemption  of  Debt. 

3590-02  For  the  payment  of  interest  on  the  direct 
debt  of  the  commonwealth,  for  the  year 
nineteen  hundred  and  fifty-three  and  previ- 
ous years,  to  be  in  addition  to  the  amounts 
appropriated  in  items  2410-00,  2951-00 
and  3180-02,  and  to  be  in  addition  to  any 
amounts  heretofore  appropriated  for  the 
purpose  ...... 

3590-03  For  certain  serial  bonds  maturing  during  the 
year  nineteen  hundred  and  fifty-three,  to 
be  in  addition  to  the  amounts  appropriated 
in  items  2420-00,  2952-00  and  3180-01     . 


$567,500  GO 


13,600,000  00 


Total,  Interest  and  Redemption  of  Debt  $14,167,500  00 


Miscellaneous. 

3549-00  For  repayments  to  claimants,  as  authorized 
by  section  four  of  chapter  five  hundred  and 
twenty- three  of  the  acts  of  nineteen  hun- 
dred and  fifty  .  . 

Total,  Miscellaneous    .... 


$1,000  00 
$1,000  00 


238  Acts,  1952. —  Chap.  310. 


The    Following    Appropriations   are    Payable    from    Revenue 

CREDITED   TO   THE   OlD   AgE   ASSISTANCE    FuND: 

Service  of  the  Department  of  Public  Welfare. 

Item 

3601-20  For  reimbursement  to  cities  and  towns  for 
old  age  assistance  for  the  year  nineteen 
hundred  and  fifty-three  and  previous  years, 
and  for  payments  made  in  accordance  with 
section  one  C  of  chapter  one  hundred  and 
eighteen  A  of  the  General  Laws  .  $38,100,000  00 

3601-30  Notwithstanding  the  provisions  of  section 
ten  of  chapter  sixty-four  B  of  the  General 
Laws  regulating  payments  from  receipts 
imder  said  chapter  to  cities  and  towns, 
heretofore  made  without  appropriation,  a 
sum  not  exceeding  one  million  nine  hundred 
and  fifty  thousand  dollars  is  hereby  appro- 
priated from  the  Old  Age  Assistance  Fund 
for  such  payments,  and  the  total  amounts 
to  be  paid  by  the  state  treasurer  on  or 
before  November  twentieth,  nineteen  hun- 
dred and  fifty-two,  from  the  sum  herein 
appropriated,  shall  be  not  less  than  one 
million  dollars 1,960,000  00 


Total,  Department  of  Public  Welfare     .  $40,050,000  00 


Service  of  the  Alcoholic  Beverages  Control  Commission. 

3604-01  For  the  service  of  the  commission,  including 
not  more  than  fifty -five  permanent  posi- 
tions      $278,692  00 


Total,  Alcoholic  Beverages  Control  Com- 
mission    $278,692  00 


Service  of  the  State  Racing  Commission. 

3605-01  For  the  service  of  the  commission,  including 
not  more  than  eleven  permanent  positions; 
provided,  that  fees  paid  to  veterinarians 
for  services  in  connection  with  horse  racing 
shall  not  exceed  twenty-five  dollars  per 
diem,  and  in  connection  with  dog  racing, 
shall  not  exceed  ten  dollars  per  diem  $160,180  00 


Total,  State  Racing  Commission  .         .       $160,180  00 


The  Following  Appropriation  is  Payable   from  the  Agricul- 
tural Purposes  Fund: 

Service  op  the  Department  of  Agriculture. 

Division  of  Plant  Pest  Control  and  Fairs: 
3809-21     For  state  prizes  and  agricultural  exhibits,  in- 
cluding allotment  of  funds  for  the  4-H 
activities,   including  not  more   than   one 
permanent  position  ....         $74,790  00 


Total,  Department  of  Agriculture  .         $74,790  00 


Acts,  1952. —  Chap.  310. 


239 


Tbb  Following  Appropkiations  abe  Payable  from  the  Mosqttito 
Control  Fund: 


Item 

3901-00 


3915-00 


Service  of  the  State  Reclamation  Board. 

For  the   maintenance   and   construction   of 

drainage  ditches,  as  authorized  by  chapter 

three  hundred  and  seventy-nine  of  the  acts 

of  nineteen  hundred  and  thirty,  as  amended 

by  section  one  of  chapter  two  hundred  and 

fifty  of  the  acts  of  nineteen  himdred  and 

thirty-five,  to  be  assessed  in  the  calendar 

year  nineteen  hundred  and  fifty-two  $56,897  00 

For  the   maintenance   and   construction   of 

drainage  ditches,  as  authorized  by  chapter 

four   hundred   and   fifty-six   of   the   acts 

of   nineteen    hundred    and   forty-five,    as 

amended  by  chapter  seven  hundred  and 

thirty-four  of  the  acts  of  nineteen  hundred 

and  fifty,  to  be  assessed  in  the  calendar 

year  nineteen  hundred  and  fifty-two  .  50,868  00 


Total,  State  Reclamation  Board 


$107,765  00 


The  Following  Appropriations  are   Payable   from  the  Parks 
AND  Salisbury  Beach  Reservation  Fund: 

Service  of  the  Department  of  Conservation. 

Division  of  Parks  and  Recreation. 

4010-01     For  the  service  of  the  division,  including  not 

more  than  eleven  permanent  positions      .        $151,280  00 

4010-03  For  expenses  of  recreational  opportunities  in 
state  forests,  including  not  more  than 
thirteen  permanent  positions    .  155,255  00 

4020-01  For  the  maintenance  of  Standish  monument 
reservation,  including  not  more  than  one 
permanent  position  ....  4,675  00 

4030-01  For  the  maintenance  of  Salisbury  beach  reser- 
vation, including  not  more  than  one  perma- 
nent position  .....  85,765  00 

Total,  Department  of  Conservation        .        $396,975  00 


The  Following  Appropriation  is  Payable  from  the  Smoke  In- 
spection Fund: 

Service  of  the  Department  of  Public  Utilities. 

Division  of  Smoke  Inspection : 
4311-01     For  the  service  of  the  division,  including  not 
more  than  twelve  permanent  positions 


Total,  Department  of  PubUc  Utilities 


$49,628  00 
$49,628  00 


The  Following  Appropriations  are  Payable  from  the  Prison 
Industrles  Fund: 

Service  of  the  Department  of  Correction. 

4901-01  For  salaries  of  persons  employed  in  the  de- 
partment of  correction  in  certain  super- 
visory and  administrative  work  in  prison 


240 


Acts,  1952. —  Chap.  310. 


Item 


4910-02 


4920-02 


4930-02 


4940-02 


industries,  including  not  more  than  seven 

Eermanent  positions,  for  the  year  nineteen 
undred  and  fifty-three  and  the  previous 
year;  provided,  that  of  the  amount  herein 
appropriated,  the  proportions  properly 
chargeable  to  the  prison  industries  fund  at 
the  Massachusetts  reformatory,  the  re- 
formatory for  women,  the  state  prison  and 
the  state  prison  colony  shall  be  determined 
by  the  comptroller  ....         $37,845  00 

For  salaries  of  persons  employed  in  industries 
at  the  Massachusetts  reformatory,  includ- 
ing not  more  than  twenty-seven  permanent 
positions         .         .         .         ...         110,690  00 

For  salaries  of  persons  employed  in  industries 
at  the  reformatory  for  women,  including 
not  more  than  thirteen  permanent  posi- 
tions       50,280  00 

For  salaries  of  persons  employed  in  industries 
at  the  state  prison,  including  not  more  than 
twenty-seven  permanent  positions     .  107,940  00 

For  salaries  of  persons  employed  in  industries 
at  the  state  prison  colony,  including  not 
more  than  twenty-seven  permanent  posi- 
tions       114,700  00 

Total,  Department  of  Correction  .         .       $421,455  00 


Metropolitan  District  Commission  Funds. 

The  following  appropriations  are  to  be 
assessed  upon  the  several  districts  in 
accordance  with  the  methods  fixed  by 
law,  unless  otherwise  provided,  and  to  be 
expended  under  the  direction  of  the 
metropolitan  district  commission : 


Metropolitan  Parks,  General. 

8602-27    For  the  cost  of  suppressing  gypsy  moths,  in- 
cluding certain  equipment  .  $5,000  00 
8602-37    For  the  expenses  of  holding  band  concerts  15,000  00 

Total,  Metropolitan  Parks,  General  $20,000  00 


Metropolitan  Sewerage,  North  System. 

8802-00  For  the  maintenance  and  operation  of  a  sys- 
tem of  sewage  disposal  for  the  north 
metropolitan  sewerage  district,  including 
retirement  of  veterans  under  the  provi- 
sions of  the  General  Laws 

Total,    Metropohtan    Sewerage,    North 
System   ...... 


$988,717  00 


$988,717  00 


Metropolitan  Sewerage,  South  System. 

8807-00     For  the  maintenance  and  operation  of  the 
system  of  sewage  disposal  for  the  south 


Item 


Acts,  1952.  — Chap.  310.  241 


metropolitan  sewerage  district,  including 
retirement  of  veterans  under  the  provisions 
of  the  General  Laws        ....       $950,734  00 


Total,    Metropolitan    Sewerage,    South 
System $950,734  00 


Metropolitan  Water  System. 

8902-00  For  the  maintenance  and  operation  of  the 
metropolitan  water  system,  including  the 
retirement  of  veterans  under  the  provisions 
of  the  General  Laws        ....    $2,717,531  00 

Special : 
8902-22     For  emergency  repairs  to  water  mains,  to  be 
in  addition  to  any  amount  heretofore  ap- 
propriated for  the  purpose        .  .  .  10,000  00 

Special : 
8902-34     For  the  construction  of  additions  and  im- 
provements to  certain  supply  and  distribu- 
tion mains,  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  purpose     .  520,000  00 

Special : 
8902-71     For  certain  improvements  in  the  Spot  Pond 
drainage  system  in  Stoneham,  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated 
for  the  purpose 10,000  00 

Special : 
8902-73     For  the  elimination  of  sanitary  violations  on 
the  Quabbin  watershed,  to  be  in  addition 
to  any  amount  heretofore  appropriated  for 
the  purpose 10,000  00 

Special : 
8902-75     For  the  leveling  of  the  Forbes  Hill  Reservoir 

Basin  5,000  00 

8902-81     This  item  omitted. 
8902-82     This  item  omitted. 


Total,  Metropolitan  Water  System         .    $3,272,531  00 


Section  3.  No  payment  shall  be  made  or  obligation  in- 
curred under  authority  of  any  special  appropriation  made 
by  this  act  for  construction  of  public  buildings  or  other  im- 
provements at  state  institutions  until  plans  and  specifications 
have  been  approved  by  the  governor,  unless  otherwise  pro- 
vided by  such  rules  and  regulations  as  the  governor  may 
make. 

Section  4.  No  moneys  appropriated  under  this  act  shall 
be  expended  for  reimbursement  for  the  expenses  of  meals 
for  persons  while  traveling  within  the  commonwealth  at  the 
expense  thereof,  unless  such  reimbursement  is  in  accordance 
with  rules  and  rates  which  are  hereby  authorized  to  be  es- 
tablished from  time  to  time  by  the  commission  on  adminis- 
tration and  finance. 


242  Acts,  1952. —Chap.  310. 

Section  5.  The  allowance  to  state  employees  for  ex- 
penses incurred  by  them  in  the  operation  of  motor  vehicles 
owned  by  them  and  used  in  the  performance  of  their  official 
duties  shall  not  exceed  six  cents  a  mile. 

No  payment  shall  be  made  or  obligation  incurred  for  the 
garaging  of  any  passenger  vehicle  owned  by  the  common- 
wealth and  operated  by  an  employee  thereof  as  transpor- 
tation from  his  place  or  places  of  employment  to  the  vi- 
cinity of  his  residence. 

Section  6.  Amounts  included  for  permanent  positions 
in  sums  appropriated  in  section  two  for  personal  services 
are  based  upon  schedules  of  permanent  positions  and  salary 
rates  as  approved  by  the  joint  committee  on  ways  and 
means,  and,  except  as  otherwise  shown  by  the  files  of  said 
committee,  a  copy  of  which  shall  be  deposited  with  the  divi- 
sion of  personnel  and  standardization,  no  part  of  sums  so 
appropriated  in  section  two  shall  be  available  for  payment 
of  salaries  of  any  additional  permanent  position,  or  for  pay- 
ments on  account  of  reallocations  of  permanent  positions,  or 
for  payments  on  account  of  any  change  of  salary  range  or 
compensation  of  any  permanent  position,  notwithstanding 
any  special  or  general  act  to  the  contrary;  provided,  that  no 
vacancy  occurring  in  any  permanent  position  included  in 
said  schedules  of  permanent  positions,  excepting  in  the 
services  of  the  legislature  or  the  judiciary,  or  of  institutions 
under  the  jurisdiction  of  the  departments  of  mental  health, 
correction,  pubUc  welfare  and  pubUc  health,  and  the  youth 
service  board,  the  Soldiers'  Home  in  Chelsea  and  the  Soldiers' 
Home  in  Holyoke,  and  excepting  positions  which  are  subject 
to  appointment  by  the  governor,  with  or  without  the 
consent  of  the  council,  may  be  filled  in  any  manner  with- 
out approval  by  the  commission  on  administration  and 
finance. 

Section  7.  In  addition  to  the  payment  of  regular  salaries, 
sums  appropriated  for  personal  services  in  the  fiscal  year 
nineteen  hundred  and  fifty-three  shall  be  available  for  the 
payment  of  such  other  forms  of  compensation  as  may  be 
due  under  existing  statutes,  or  under  the  provisions  of  rules 
and  regulations  made  in  accordance  with  said  statutes. 

Section  8.  Notwithstanding  the  provisions  of  section 
twenty-four  A  of  chapter  thirty  of  the  General  Laws,  no 
moneys  appropriated  under  this  act  shall  be  expended  for 
the  payment  of  holiday  pay,  so  called,  to  elected  officers, 
appointees  of  the  governor,  heads  of  departments  and  divi- 
sions or  heads  of  educational  or  custodial  institutions. 

Section  8A.  Nothing  in  this  act  shall  be  construed  to 
permit  or  require  a  reduction  in  compensation  for  any  person 
in  the  employ  of  the  commonwealth  nor  the  discharge  of  any 
permanent  employee. 

Section  9.  All  federal  subventions  and  grants  available 
to  the  commonwealth  under  any  act  of  congress  and  not 
otherwise  authorized  to  be  received  shall  be  paid  into  the 
treasury  of  the  commonwealth;    provided,  however,  that 


Acts,  1952.  — Chap.  310.  243 

applications  for  such  subventions  and  grants,  and  for  trans- 
fers within  such  subventions  and  grants,  shall  be  subject  to 
the  approval  of  the  commission  on  administration  and 
finance.  All  federal  subventions  and  grants  received  by  the 
commonwealth  may  be  expended  without  specific  appro- 
priation if  such  expenditures  are  otherwise  in  accordance  with 
law.  All  income,  including  federal  subventions  and  grants, 
received  by  the  commonwealth  from  or  on  account  of  vet- 
erans in  payment  for  veterans'  services,  shall  be  credited  to 
the  veterans'  services  fund. 

Section  10.  Notwithstanding  the  provisions  of  section 
fifty-one  of  chapter  thirty  of  the  General  Laws,  or  any  other 
provision  of  law,  the  state  purchasing  agent  is  hereby  au- 
thorized during  the  fiscal  year  nineteen  hundred  and  fifty- 
three  to  incur  HabiUties  and  incidental  expenses  for  the  pur- 
chase of  supplies,  as  provided  by  said  section  fifty-one,  in- 
cluding material  to  be  disposed  of  as  surplus,  so  called,  by 
the  federal  government  through  agencies  of  the  federal  gov- 
ernment, in  an  amount  not  exceeding  three  hundred  and  fifty 
thousand  dollars,  in  addition  to  any  amount  heretofore  pro- 
vided for  the  purpose,  and  the  comptroller  may  certify  for 
payment  such  incidental  expenses  and  Uabihties  so  incurred 
to  an  amount  not  exceeding  three  hundred  and  fifty  thousand 
dollars,  in  addition  to  any  amount  heretofore  provided  for 
the  purpose. 

Section  11.  The  effective  date  of  the  appropriation  ac- 
counts, subsidiary  accounts  and  authorizations  in  this  act 
shall  be  July  first,  nineteen  hundred  and  fifty-two.  How- 
ever, beginning  June  first,  nineteen  hundred  and  fifty-two, 
obUgations  may  be  incurred  against  these  appropriation 
accounts  or  subsidiary  accounts,  if  any,  thereunder,  for 
items  to  be  delivered  or  for  services  to  be  rendered  on  and 
after  July  first,  nineteen  hundred  and  fifty-two;  provided, 
they  are  in  accordance  with  law  and  the  amounts  thereof 
do  not  exceed  the  amount  of  the  appropriation  account  or 
subsidiary  account.  Where  the  allotment  of  an  appropri- 
ation account  or  subsidiary  account  is  a  condition  precedent 
to  expenditure,  the  obUgations  shall  not  exceed  the  amount 
allotted  for  said  appropriation  account  or  subsidiary  account. 
The  certified  copies  of  the  schedules  as  provided  for  in  Gen- 
eral Laws,  chapter  twenty-nine,  section  twenty-seven,  as 
amended  by  chapter  six  hundred  and  thirty-six  of  the  acts  of 
nineteen  hundred  and  forty-seven,  shall  be  filed  with  the 
comptroller  and  the  budget  commissioner  to  permit  the 
effective  operation  of  this  section  on  June  first,  nineteen 
hundred  and  fifty-two.  Where  the  allotment  of  an  appropri- 
ation account  or  subsidiary  account  is  required  by  law,  allot- 
ments shall  be  made  to  permit  the  effective  operation  of  this 
section  on  June  first,  nineteen  hundred  and  fifty-two. 

Section  12.  The  budget  commissioner  is  hereby  directed 
to  send  a  copy  of  sections  three  to  thirteen,  inclusive,  of  this 
act  to  each  departmental,  divisional  and  institutional  head 
immediately  following  the  passage  of  this  act. 


244  Acts,  1952. —  Chaps.  311,  312. 

Section  13.  Sections  one  to  ten,  inclusive,  of  this  act 
shall  take  effect  on  July  first,  nineteen  hundred  and  fifty- 
two;  sections  eleven  and  twelve  shall  take  effect  upon  the 
passage  of  this  act.  Approved  May  12,  1952. 

Chap. 311  An  Act  authorizing  the  city  of  north  adams  to  appro- 
priate MONEY  FOR,  AND  PAY,   CERTAIN  UNPAID  BILLS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  city  of  North  Adams  is  hereby  author- 
ized to  appropriate  money  for,  and  the  treasurer  of  said  city 
is  hereby  authorized  to  pay,  such  of  the  unpaid  bills  incurred 
by  said  city  and  totalling  four  hundred  and  fifty-seven  dol- 
lars and  ninety-four  cents,  as  set  forth  in  the  list  on  file 
in  the  office  of  the  director  of  accounts  in  the  department 
of  corporations  and  taxation,  as  are  legally  unenforceable 
against  said  city,  either  by  reason  of  their  being  incurred  in 
excess  of  available  appropriations,  or  by  reason  of  the  failure 
of  said  city  to  comply  with  the  provisions  of  its  charter,  and 
as  are  certified  for  payment  by  the  heads  of  the  departments 
wherein  the  bills  were  contracted ;  provided,  that  the  money 
so  appropriated  to  pay  such  bills  shall  be  raised  by  taxa- 
tion in  said  city. 

Section  2.  No  bill  shall  be  approved  by  the  city  auditor 
of  said  city  for  payment  or  paid  by  the  treasurer  thereof 
under  authority  of  this  act  unless  and  until  certificates  have 
been  signed  and  filed  with  said  city  auditor,  stating  under 
the  penalties  of  perjury  that  the  goods,  materials  or  services 
for  which  bills  have  been  submitted  were  ordered  by  an 
official  or  an  employee  of  said  city,  and  that  such  goods  and 
materials  were  delivered  and  actually  received  by  said  city, 
or  that  such  services  were  rendered  to  said  city,  or  both. 

Section  3.  Any  person  who  knowingly  files  a  certificate 
required  by  section  two  which  is  false  and  who  thereby  re- 
ceives payment  for  goods,  materials  or  services  which  were 
not  received  by  or  rendered  to  said  city  shall  be  punished  by 
imprisonment  for  not  more  than  one  year  or  by  a  fine  of  not 
more  than  three  hundred  dollars,  or  both. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  12,  1952. 

Chap. 312  An  Act  relative  to  representative  town  meetings  in 

THE   TOWN   OF   WEYMOUTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  3  of  chapter  61  of  the  acts  of  1921, 
as  amended  by  section  1  of  chapter  13  of  the  acts  of  1930, 
is  hereby  further  amended  by  striking  out  the  fifth  and  sixth 
sentences. 

Section  2.  The  acts  and  proceedings  of  the  town  of 
Weymouth  at  the  adjourned  sessions  of  the  annual  town 
meeting  held  in  the  year  nineteen  hundred  and  fifty-two. 


Acts,  1952.  —  Chaps.  313,  314,  315.  245 

and  all  acts  done  in  pursuance  thereof,  are  hereby  confirmed 
and  made  valid,  notwithstanding  the  inadequacies  of  the 
notice  of  the  adjournments  as  required  by  chapter  sixty-one 
of  the  acts  of  nineteen  hundred  and  twenty-one,  as  amended 
by  chapter  thirteen  of  the  acts  of  nineteen  hundred  and 
thirty,  to  the  same  extent  as  if  the  said  adjourned  sessions 
had  been  called,  held,  conducted  and  adjourned  in  strict 
compliance  with  law. 

Section  3.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  12,  1952. 

An  Act  relative  to  certain  promotions  from  the  labor  QJidfy  3x3 

SERVICE    TO    THE    OFFICIAL    SERVICE    OF    A    DEPARTMENT, 
BOARD  OR  COMMISSION  UNDER  THE  CIVIL  SERVICE  LAWS. 

Be  it  enacted,  etc.,  asfolloios: 

Chapter  31  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Xer. 
striking  out  section  15B,  as  most  recently  amended  by  chap-  ftsB^etc. 
ter  52  of  the  acts  of  1946,  and  inserting  in  place  thereof  the  amenderi. 
following  section:  —  Section  15B.     An  appointing  official,  ^"t^i^ns ^""^er 
with  the  approval  of  the  director,  may  promote  to  the  lowest  the  civii 
grade  in  the  official  service  of  a  department,  board  or  com-  authoriHel^' 
mission  employees  in  the  labor  service  of  the  same  depart- 
ment, board  or  commission  who  pass  a  competitive  promo- 
tional examination  open  to  all  permanent  employees  in  said 
labor  service  of  said  department,  board  or  commission  who 
have  been  employed  therein  after  certification  for  at  least 
one  year.  Approved  May  12,  1952. 

An  Act  increasing  the  filing  fees  of  certain  documents  nhnn  314 

REQUIRED   TO   BE   FILED   BY   CORPORATIONS.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  55  of  chapter  156  of  the  General  Laws,  as  ap-  ^^^  ijg'' 
pearing  in  the  Tercentenary  Edition,  is  hereby  amended  by  §  55,' 
striking  out,  in  Hne  2,  the  word  "ten"  and  inserting  in  place  ^'"^■"'^ed. 
thereof  the  word:  —  fifteen, — so  as  to  read  as  follows:  — 
Section  55.    The  fees  for  filing  all  other  certificates,  state-  Fees  for  filing 
ments  or  reports  required  by  law  of  corporations  shall  be  ""oratrdocu- 
fifteen  dollars  for  each  certificate,  statement  or  report,  but  ments 
no  fee  shall  be  paid  for  fifing  the  certificate  of  change  of  '"'''■^^^^'* 
officers  or  of  annual  meeting  required  by  section  twenty-four 
or  twenty-nine  or  the  annual  tax  return  required  by  sections 
thirty-five  and  forty  of  chapter  sixty-three. 

Approved  May  12,  1952. 

An  Act  increasing  the  filing  fees  of  certain  certifi-  nhnr)  315 

GATES  BY  foreign  CORPORATIONS.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  23  of  chapter  181  of  the  General  Laws,  as  appear-  g.  l.  (Xer. 
ing  in  the  Tercentenary  Edition,  is  hereby  amended  by  f  23,'  imended. 
striking  out,  in  line  5,  the  word  "ten"  and  inserting  in  place 


246  Acts,  1952. —Chaps.  316,  317. 

thereof  the  word :  —  fifteen,  —  so  as  to  read  as  follows :  — 
of'tomgn^  Section  23.  Every  foreign  corporation  shall  pay  for  fihng 
corporations  a  copy  of  its  charter,  bj^^-laws  and  the  certificate  required 
by  section  five,  fifty  dollars  to  the  commissioner,  and  for 
filing  all  other  certificates  and  statements,  including  the 
annual  certificate  of  condition  required  by  section  twelve, 
fifteen  dollars  to  the  state  secretary. 

Approved  May  12,  1962. 


Chap. S16    An  Act  relative  to  transportation  of  school  bands. 
Be  it  enacted,  etc.,  as  follows: 

Ed.K  n,''§'47.       Section  1.    Section  47  of  chapter  71  of  the  General  Laws, 

etc.. 'amended',   as  most  Teccutly  amended  by  section  1  of  chapter  411  of  the 

acts  of  1951,  is  hereby  further  amended  by  inserting  after  the 

word  "play",  in  line  26,  the  words:  —  or  musical  festivals 

or  competitions. 

Section  2.  Clause  (a)  of  section  2A  of  chapter  224  of  the 
acts  of  1936,  as  amended  by  section  2  of  said  chapter  411, 
is  hereby  further  amended  by  inserting  after  the  word 
"play",  in  line  18,  the  words:  —  or  musical  festivals  or 
competitions.  Approved  May  12,  1952. 


Chap. 317  An  Act  relative  to  certain  promotions  in  the  official 
service  under  the  civil  service  laws. 

Be  it  enacted,  etc.,  as  follows: 

EcnsT'^-.        Section  1.    Section  15  of  chapter  31  of  the  General  Laws 
etc!,  'amended.    Is  hereby  amended  by  striking  out  paragraph  A,  as  appearing 

in  chapter  489  of  the  acts  of  1948,  and  inserting  in  place 

thereof  the  following  paragraph :  — 
Certain  pro-  A.  Au  appointing  authority,  with  the  approval  of  the 

motions  under       ,.  ,  '^^  ,       •        ,i  i  .  ,  t     •    • 

the  civil  director,  may  promote  in  the  same  department  or  division 

regX'ted*''  oi  a  department  in  the  official  service  a  permanent  employee 
in  one  grade  to  the  next  higher  grade  as  determined  by  the 
director;  provided,  that  such  employee  has  been  employed 
after  certification  for  at  least  three  years  in  the  lower  grade, 
is  the  oldest  employee,  the  second  oldest  employee  or  the 
third  oldest  employee  in  length  of  service  who  is  willing  to 
accept,  and  that  such  employee  passes  a  quahfying  examina- 
tion prescribed  by  the  director.  In  case  of  promotions  of 
more  than  one  employee,  the  next  oldest  employees  in  suc- 
cession in  length  of  service  who  are  wilUng  to  accept  may  be 
selected  from  the  same  number  of  such  oldest  employees  as 
that  provided  in  the  civil  service  rules  governing  certifica- 
tion for  more  than  one  vacancy.  This  paragraph  shall  not 
apply  in  any  case  where  a  promotion  is  required  to  be  made 
as  provided  in  section  twenty. 
Edt  .3iTi5  Section  2.  Said  section  15  of  said  chapter  31  is  hereby 
etc'fiirther^    further  amended  by  striking  out  paragraph  B,  as  appearing 

amended. 


Acts,  1952. —  Chap.  318.  247 

in  chapter  lOS'of  the  acts  of  1946,  and  inserting  in  place 
thereof  the  following  paragraph:  — 

B.  Except  as  authorized  by  paragraph  A,  and  except  as  Competitive 
otherwise  provided  in  section  twenty,  all  promotions  in  the  exami^JlltuTiis 
official  service  shall  be  made  after  a  competitive  promo-  provided. 
tional  examination  open  in  succession  to  all  permanent  em- 
ployees who  have  been  employed  after  certification  for  at 
least  one  year  in  the  next  lower  grades,  as  determined  by  the 
director,  in  the  same  department  or  division  of  a  depart- 
ment, until  a  sufficient  number  of  applicants  to  hold  a  com- 
petitive examination  is  obtained.  In  case  an  ehgible  list  of 
at  least  two  available  persons  is  not  established  from  such 
promotional  examination,  then  a  competitive  promotional 
examination  may  be  held  open  to  any  class  within  the  service 
of  the  same  or  any  other  department,  or  division  of  a  de- 
partment, as  the  director  may  determine.  In  case  an  eUgible 
fist  of  at  least  two  available  persons  is  not  established  from 
either  of  such  promotional  examinations,  the  positions  shall 
be  filled  after  open  competitive  examination ;  provided,  that 
if  there  be  one  person  on  either  eUgible  list,  the  director  shall 
certify  such  person.  Approved  May  12,  1952. 


An  Act  relative  to  expenditures  for  the  care,  mainte-  Chav.ZXS 

NANCE  AND   REPAIR   OF  TUBERCULOSIS   HOSPITALS   IN   CER- 
TAIN  COUNTIES. 

Whereas,  The  deferred  operation  of  this  act  would  result  pr'^ambi"'?^ 
in  unnecessarily  extending  the  period  during  which  ex- 
penditures by  certain  counties  for  tuberculosis  hospital 
purposes  would  be  made  without  express  authorization 
therefor  by  the  general  court,  therefore  this  act  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  im- 
mediate preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  trustees  of  the  Bristol  county  tuberculosis  hospital 
and  the  county  commissioners  of  the  other  counties  herein- 
after specified  are  hereby  authorized  to  expend  for  the  year 
nineteen  hundred  and  fifty-two  the  sums  set  forth  in  this 
act  for  the  care,  maintenance  and  repair  of  the  county 
tuberculosis  hospitals  within  their  respective  counties,  and 
to  assess  the  same  in  the  manner  set  forth  in  section  eighty- 
five  of  chapter  one  hundred  and  eleven  of  the  General  Laws, 
as  amended.  In  case  of  extraordinary  or  unforeseen  emer- 
gencies the  director  of  accounts,  at  the  request  of  said  trustees 
or  county  commissioners,  may  authorize  expenditures  in 
excess  of  any  particular  item;  provided,  that  another  item 
or  items  of  expenditure  shall  be  reduced  by  an  equivalent 
amount. 


248 


Acts,  1952. —  Chap.  318. 


Bristol  County. 


Item 

1.  For  administration: 

(o)  Salaries     .... 
(b)  Other  expenses  . 

2.  For  maintenance  and  operation: 

(a)  Salaries  and  wages 
(6)  Other  expenses  . 

3.  For    additions    and    improvements 

$1,000)         .... 

5.  For  contributory  retirement  system 

6.  For  interest        .... 
8.  For  unpaid  bills  of  previous  years 

For  total  expenditures  . 


(in 


$15,750  00 
2,500  00 

182,400  00 
137,300  00 
n  excess  of 

7,700  00 

4,928  17 

3,650  00 

400  00 

.   $354,628  17 

Essex  County. 


Item 

1.  For  administration : 

(a)  Salaries     .... 

(b)  Other  expenses  . 

2.  For  maintenance  and  operation : 

(a)  Salaries  and  wages 
(6)  Other  expenses  . 

4.  For  other  health  services : 

(6)  Chnics  and  other  extra-mural 

5.  For  contributory  retirement  system 

6.  For  interest         .... 

8.  For  unpaid  bills  of  previous  years 

9.  For  sewer  assessment  . 

1 1.  For  non-contributory  pensions 

For  total  expenditures  . 


$30,500  00 
5,800  00 

534,360  00 
379,175  00 

200  00 

24,406  37 

10,269  47 

2,000  00 

1,587  58 

1,859  00 

$990,157  42 


Middlesex  County. 


Item 

1.  For  administration : 

(a)  Salaries     .... 
(6)  Other  expenses  . 

2.  For  maintenance  and  operation : 

(a)  Salaries  and  wages 
(6)  Other  expenses  . 

3.  For    additions    and    improvements    (in    excess    of 

$1,000)         .... 

5.  For  contributory  retirement  system 

6.  For  interest         .... 
8.  For  impaid  biUs  of  previous  years 


For  total  expenditures 


$38,000  00 

16,700  00 

783,450  00 

491,992  00 

11,765  00 

20,912  00 

9,500  00 

2,000  00 

$1,374,319  00 


Acts,  1952.  —  Chap.  318. 


249 


Norfolk  County. 


Item 

1.  For  administration : 

(a)  Salaries     ...... 

$24,2.50  00 

(6)  Other  expenses  .          .          .          .          . 

4,500  00 

2.  For  maintenance  and  operation : 

(a)  Salaries  and  wages      .          .          .          . 

440,000  00 

(6)  Other  expenses  .          .          .          .          . 

251,900  00 

4.  For  other  health  services: 

(a)  Preventorium     .          .          .          .          . 

500  00 

(b)  Clinics  and  other  extra-mural 

6,000  00 

5.  For  contributory  retirement  system 

13,227  40 

6.  For  interest         ...... 

6,500  00 

8.  For  unpaid  bills  of  previous  years 

197  25 

For  total  expenditures  .         .         .         . 

$747,074  65 

Plymouth  County. 


Item 

1.  For  administration : 

(o)  Salaries     .... 
(b)  Other  expenses  . 

2.  For  maintenance  and  operation: 

(a)  Salaries  and  wages 
.  (6)  Other  expenses  . 

3.  For   additions    and    improvements 

$1,000)         .... 

5.  For  contributory  retirement  system 

6.  For  interest         .... 

7.  For  serial  loans  (construction) 
11.  For  non-contributory  pensions 

For  total  expenditures  . 


(in    excess    of 


$30,465  00 
3,800  00 

283,450  00 
166,840  00 

6,000  00 

9,304  00 

4,000  00 

20,600  00 

16,197  00 

$540,656  00 


Worcester  County. 


Item 
1. 


For  administration : 

(Oi)  Salaries     .... 
(b)  Other  expenses  . 

2.  For  maintenance  and  operation : 

(a)  Salaries  and  wages 
(6)  Other  expenses  . 

3.  For   additions    and    improvements 

$1,000)         .... 

5.  For  contributory  retirement  system 

6.  For  interest 

8.  For  unpaid  bills  of  previous  years 

For  total  expenditures  . 


(in 


$45,070  00 

6,000 

00 

402,785 

00 

218,990 

18 

n    excess    of 

42,290 

00 

13,251 

86 

8,000 

00 

83 

99 

$736,471 

03 

Approved  May  16,  1962. 


250  Acts,  1952. —  Chaps.  319,  320. 

Chap. 319  An  Act  relative  to  certain  payments  reqihred  of  the 

CITY  OF  BOSTON  FOR  MAKING  THE  BOSTON  MAIN  DRAINAGE 
SYSTEM  A  PART  OF  THE  SOUTH  METROPOLITAN  SEWERAGE 
SYSTEM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  645  of  the  acts  of  1951  is  hereby 
amended  by  striking  out  section  1  and  inserting  in  place 
thereof  the  following:  —  Section  1 .  The  territory  exclusively 
served  by  the  main  drainage  system  of  the  city  of  Boston  is 
hereby  added  to  and  made  a  part  of  the  south  metropolitan 
sewerage  district,  as  defined  in  section  one  of  chapter  ninety- 
two  of  the  General  Laws  and  enlarged  by  such  acts  as  are 
in  addition  thereto  or  in  amendment  thereof;  and  said  city 
shall  hereafter  be  subject,  with  respect  to  said  territory,  to 
the  provisions,  as  from  time  to  time  amended,  of  chapter 
ninety-two  of  the  General  Laws  and  of  section  twelve  of 
chapter  seven  hundred  and  five  of  the  acts  of  nineteen  hun- 
dred and  forty-five;  provided,  however,  that  prior  to  the 
date  when  sewage  is  first  discharged  from  said  main  drainage 
system  into  the  south  metropolitan  sewerage  system,  no 
payment  based  upon  the  territory  served  by  said  main  drain- 
age district  shall  be  required  from  the  city  of  Boston  under 
sections  five  to  eight,  inclusive,  of  said  chapter  ninety-two. 

Section  2.  This  act  shall  take  effect  as  of  the  effective 
date  of  chapter  six  hundred  and  forty-five  of  the  acts  of 
nineteen  hundred  and  fifty-one.     Approved  May  16,  1952. 

C hap. S20  An  Act  creating  the  congregational  church  of  west- 
field,  MASSACHUSETTS, 

Be  it  enacted,  etc.,  as  follows: 

Section  L  First  Congregational  Church  of  Westfield, 
Massachusetts,  and  The  Second  Congregational  Church  in 
Westfield,  Massachusetts,  religious  corporations  established 
under  general  law,  upon  acceptance  of  this  act  by  a  two 
thirds  vote  of  the  members  of  each  of  said  respective  cor- 
porations present  and  voting  at  meetings  called  by  each  of 
said  respective  corporations  for  the  purpose,  and  by  the  re- 
cording with  the  secretary  of  the  commonwealth  and  in  the 
registry  of  deeds  for  the  county  of  Hampden  of  certificates 
of  said  votes,  duly  made  and  sworn  to  by  the  respective  clerks 
of  said  corporations,  shall  hereafter  be  a  corporation  by  the 
name  of  The  Congregational  Church  of  Westfield,  Massa- 
chusetts. Said  The  Congregational  Church  of  Westfield, 
Massachusetts  shall  be  the  continuance  of  and  the  lawful 
successor  to  each  and  both  of  said  corporations  and  shall 
have  all  the  powers,  rights,  franchises  and  privileges  which 
the  said  corporations  have  heretofore  acquired  or  enjoyed  by 
statute,  vote,  gift,  grant,  usage,  prescription  or  otherwise, 
and  subject  to  all  the  duties  and  Uabilities  to  which  the  said 
corporations  have  heretofore  been  subject.  Said  The  Con- 
gregational Church  of  Westfield,  Massachusetts  shall  have, 


Acts,  1952.  — Chap.  320.  251 

except  as  may  be  provided  otherwise  in  this  act,  all  the  rights, 
powers  and  privileges  and  be  subject  to  all  the  duties  and 
liabilities,  of  religious  corporations  instituted  under  general 
law;  and  upon  acceptance  of  this  act  as  aforesaid,  all  mem- 
bers of  said  corporations  shall,  as  hereinafter  provided,  be 
members  of  said  new  corporation.  The  Congregational  Church 
of  Westfield,  Massachusetts. 

Section  2.  The  corporation  created  by  section  one  is 
hereby  authorized  to  receive  and  hold,  or  disburse  for  re- 
ligious, benevolent  and  charitable  purposes,  gifts,  grants,  be- 
quests and  devises  of  real  and  personal  property  to  an 
amount,  exclusive  of  all  buildings  and  the  land  pertaining 
thereto,  occupied  or  used  by  it  for  said  purposes,  not  exceed- 
ing the  sum  of  five  hundred  thousand  dollars,  with  full  power 
to  sell  and  convey,  in  accordance  with  the  terms  of  any 
trust  upon  which  the  same  is  held,  any  part  or  the  whole  of 
its  said  property,  including  said  land  and  buildings,  for  pur- 
poses of  investment  and  reinvestment,  for  the  improvement, 
alteration  or  relocation  of  any  of  its  said  buildings,  or  for 
benevolences  and  charities  and  upon  any  such  sale  the  pro- 
ceeds thereof  shall  be  held  upon  the  same  trusts  upon  which 
the  property  thus  sold  was  held ;  and  the  purchaser  shall  not 
be  responsible  for  the  application  of  the  purchase  money. 

Section  3.  After  the  votes  accepting  this  act  have  been 
passed  as  provided  in  section  one,  but  before  the  recording 
of  the  certificates  thereof,  said  First  Congregational  Church 
of  Westfield,  Massachusetts  and  said  The  Second  Congrega- 
tional Church  in  Westfield,  Massachusetts  shall  file,  in  the 
probate  court  for  the  county  of  Hampden  and  in  such  other 
courts  of  competent  jurisdiction  as  may  be  necessary  or 
proper,  petitions  for  instructions  as  to  the  necessity  of  a 
formal  transfer  of  such  funds  or  other  property  now  held  in 
trust  by  said  corporations  and  as  to  the  application  to  be 
made  of  the  income  arising  from  or  out  of  said  funds  or  other 
property  or  arising  from  or  out  of  funds  or  other  property 
held  in  trust  by  other  persons  or  corporations. 

Section  4.  The  corporation  created  by  section  one  shall 
be  entitled,  except  as  provided  in  section  two,  to  receive  any 
and  all  bequests  and  devises  heretofore  or  hereafter  made  to 
either  of  said  corporations,  however  described,  or  to  the  re- 
ligious societies  with  which  said  churches  were  connected 
before  their  incorporation,  however  described. 

Section  5.  The  property  vested  in  the  corporation  cre- 
ated by  section  one,  under  the  provisions  of  this  act,  shall 
not,  after  such  vesting,  be  applied  or  apportioned  with  ref- 
erence to  the  source  or  the  religious  body  aforesaid  from 
which  it  was  derived  under  the  provisions  of  this  act,  but 
shall  be  administered  and  applied  by  the  corporation  created 
by  section  one,  for  its  general  church  and  charitable  pur- 
poses and  as  a  single  consolidated  property  and  fund,  except 
that  it  shall  carry  out  the  specific  and  limited  charitable 
uses  and  trusts  for  which  any  particular  monies  or  property, 
real  or  personal,  are  held  by  it. 


252  Acts,  1952. —  Chap.  321. 

Section  6.  In  case  of  doubt  as  to  the  manner  in  which 
any  property,  held  in  trust  or  otherwise,  conveyed  to  or 
vested  in  the  corporation  created  by  section  one,  under  the 
provisions  of  this  act,  or  the  income  thereof,  should  be  held, 
administered  or  applied  by  the  said  corporation,  the  matter 
may  be  determined  by  the  supreme  judicial  court  upon  the 
application  of  any  person  interested  or  of  the  attorney  gen- 
eral; and,  until  said  court  shall  otherwise  order,  such  prop- 
erty and  the  income  thereof  shall  be  held,  administered 
and  applied  by  the  said  corporation  in  accordance  with  the 
terms  of  the  original  trusts  or  as  nearly  in  accordance  there- 
with as  is  possible.  Any  person  aggrieved  by  any  provision 
of  this  act  may,  at  any  time  within  six  months  after  the  re- 
cording of  such  of  the  various  deeds  or  other  instruments  in 
this  act  provided  for,  as  is  alleged  to  be  the  cause  of  such 
injury,  apply  by  petition  to  the  supreme  judicial  court  to 
have  his  damages  determined  by  a  jury  therein,  or  by  or 
under  the  direction  of  said  court;  and  damages  so  awarded, 
with  the  costs  of  suit  allowed  by  statute  in  civil  cases,  at- 
tending such  award,  shall  be  paid  by  the  corporation  created 
by  section  one. 

Section  7.  Whatever  authority  or  right  is  granted  or 
conferred  by  this  act  is  hereby  declared  to  be  limited  to  such 
authority  or  right  as  the  general  court  may  constitutionally 
grant  or  confer. 

Section  8.  The  first  meeting  of  the  corporation  created 
by  section  one  shall  be  held  on  or  before  September  thirtieth, 
nineteen  hundred  and  fifty-two. 

Section  9.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  16,  1952. 


C hap. S21  An  Act  relative  to  the  penalties  for  violations  of 

LAW  REQUIRING  MOTOR  VEHICLE  OPERATORS  TO  GIVE  UNI- 
FORM   SIGNALS    ON   ALL   WAYS. 

p^lmbXe.^  Whereas,  The  deferred  operation  of  this  act  would  tend  to 

defeat  its  purpose,  which  is  to  change  the  penalty  for  certain 
violations  of  law  relative  to  the  operation  of  motor  vehicles, 
therefore  it  is  hereby  declared  to  be  an  emergency  law,  neces- 
sary for  the  immediate  preservation  of  the  public  safety  and 
convenience. 

Be  it  enacted,  etc.,  as  folloivs: 

Ed.),  9oTi4B.       Section  14B  of  chapter  90  of  the  General  Laws,  inserted  by 
etc.,  amended,    chapter  649  of  the  acts  of  1951,  is  hereby  amended  by  adding 

at  the  end  the  following  paragraph :  — 
Penalties.  Whoevcr  violatcs  any  provision  of  this  section  shall  be 

punished  by  a  fine  of  not  more  than  five  dollars  for  the  first 
offence,  not  less  than  five  nor  more  than  ten  dollars  for  a 
second  offence,  and  not  less  than  ten  nor  more  than  twenty- 
five  dollars  for  subsequent  offences  committed  during  any 
period  of  twelve  months.  Approved  May  16,  1952. 


Acts,  1952.  —  Chaps.  322,  323,  324.     .  253 


An  Act  authorizing  the  department  of  mental  health  Chap.S22 

TO  PERMIT  the  TOWN  OF  BELCHERTOWN  TO  INSTALL  A  FIRE 
WARNING  SYSTEM  AT  THE  BELCHERTOWN  STATE  SCHOOL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  mental  health  is  hereby 
authorized  to  permit  the  town  of  Belchertown  to  install  a 
fire  warning  system  at  the  Belchertown  state  school,  said 
system  to  be  installed  subject  to  such  conditions  and  re- 
strictions as  the  commissioner  of  mental  health  may  deem 
necessary. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  16,  1952. 


An  Act  authorizing  the  city  of  fall  river  to  lease  (7/10^.323 

suitable    headquarters    for    the    AMERICAN-LEBANESE 
VETERANS   ASSOCIATION   OF   FALL   RIVER,    MASS.,    INC. 

Be  it  enacted,  etc.,  as  folloius: 

Section  1.  The  city  of  Fall  River  is  hereby  authorized 
to  lease  suitable  headquarters  for  the  American-Lebanese 
Veterans  Association  of  Fall  River,  Mass.,  Inc.,  in  the  man- 
ner provided  by,  and  subject  to  the  provisions  of,  section 
nine  of  chapter  forty  of  the  General  Laws. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  16,  1952. 

An  Act  authorizing  the  town  of  saugus  to  convey  to  rjhav  324 
the  east  saugus  improvement  association,  inc.  a  for-         ^' 

TION    of    the    FREDERICK    STOCKER    PLAYGROUND    IN    SAID 
TOWN. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  town  of  Saugus,  by  its  board  of  selectmen 
and  upon  such  terms  and  conditions  approved  by  the  town 
manager,  town  counsel  and  the  playground  commission  as 
said  board  of  selectmen  may  by  deed  require,  is  hereby  au- 
thorized to  convey  to  the  East  Saugus  Improvement  Asso- 
ciation, Inc.  for  a  nominal  consideration  that  portion  of  the 
Frederick  Stocker  playground  shown  on  a  plan  entitled 
"Plan  of  Land  in  Saugus,  Mass."  dated  March,  1952,  and 
drawn  by  Francis  W.  Comey,  Surveyor,  and  bounded  and 
described  as  follows :  —  southeasterly  by  Stocker  street, 
177.85  feet;  southwesterly  by  land  of  Martin,  on  said  plan, 
91  feet,  more  or  less;  northwesterly  by  land  of  the  town  of 
Saugus,  being  the  remaining  portion  of  lot  A-7,  192.25  feet; 
northeasterly  by  land  of  Munson,  on  said  plan,  91  feet,  more 
or  less.  Containing,  according  to  said  plan,  16,655  plus  or 
minus  square  feet. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  16,  1952. 


254  Acts,  1952.  —  Chaps.  325,  326,  327. 

Chap.S25  An  Act  authorizing  the  city  of  salem  to  pay  the  claim 

OF  A  CERTAIN  PARTNERSHIP  FOR  COMPENSATION  FOR  EN- 
GINEERING WORK  DONE  BY  IT  IN  CONNECTION  WITH  THE 
ABOLITION  OF  THE  NORTH  STREET  GRADE  CROSSING  IN 
SAID  CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  discharging  a  moral  ob- 
ligation, the  city  of  Salem  is  hereby  authorized  to  appropri- 
ate money  for  the  payment  of,  and  to  pay,  the  claim  of  Fay, 
Spofford  and  Thomdike,  a  partnership,  of  Boston,  for  com- 
pensation for  certain  engineering  work  done  by  said  partner- 
ship at  the  North  Street  grade  crossing  in  said  city,  said 
claim  being  in  the  amount  of  thirteen  thousand,  four  hun- 
dred and  sixty  dollars  and  forty-nine  cents,  and  being  legally 
unenforceable  against  said  city  by  reason  of  the  fact  that  it 
is  in  excess  of  the  sum  appropriated  therefor  by  said  city. 

Section  2.  No  bill  shall  be  paid  under  authority  of  this 
act  unless  and  until  a  certificate  has  been  signed  and  filed 
with  the  auditor  of  said  city,  stating  under  the  penalties  of 
perjury  that  the  goods,  materials  or  services  for  which  such 
bill  has  been  submitted  were  ordered  by  an  official  or  em- 
ployee of  said  city,  and  that  such  goods  and  materials  were 
dehvered  and  actually  received  by  said  city,  or  that  such 
services  were  rendered  to  said  city,  or  both. 

Section  3.  Any  person  who  knowingly  files  a  certificate 
required  by  section  two  which  is  false,  and  who  thereby  re- 
ceives payment  for  goods,  materials  or  services  which  were 
not  received  by  or  rendered  to  said  city,  shall  be  punished  by 
imprisonment  for  not  more  than  one  year  or  by  a  fine  of  not 
more  than  three  hundred  dollars,  or  both. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  16,  1952. 

C/iap.326  An  Act  authorizing  the  trustees  of  the  soldiers' 

HOME  IN  HOLYOKE  TO  ACQUIRE  BY  EMINENT  DOMAIN  CER- 
TAIN LAND   ADJACENT  THERETO. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  trustees  of  the  Soldiers'  Home  in  Holyoke 
may  acquire  by  eminent  domain,  or  otherwise,  a  certain  par- 
cel of  land  located  in  the  city  of  Holyoke  adjacent  to  the 
hospital  at  said  home,  and  may  pay  therefor  such  sum  as 
may  be  appropriated  therefor. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  16,  1952. 

Chap.S27  An  Act  designating  old  colony  parkway  and  quincy 
shore  drive  in  the  cities  of  boston  and  quincy  as 

the  WILLIAM  T.    MORRISSEY   BOULEVARD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Old  Colony  parkway  in  the  cities  of  Boston 
and  Quincy  and  Quincy  Shore  drive  in  said  Quincy,  between 


Acts,  1952. —  Chaps.  328,  329,  330.  255 

Kosciuszko  (Columbia)  Circle  in  Boston  and  Sea  street  in 
said  Quincy,  shall  be  known  and  designated  as  the  William  T. 
Morrissey  Boulevard,  in  memory  of  William  T.  Morrissey, 
the  late  commissioner  of  the  metropolitan  district  commis- 
sion, and  suitable  tablets  and  markers  bearing  said  designa- 
tion shall  be  erected  and  maintained  along  said  boulevard  by 
said  commission.  For  the  purposes  of  this  act,  said  com- 
mission may  expend  such  sum  as  may  be  appropriated 
therefor. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  16,  1952. 


Chap.32S 


An  Act  authorizing  the  town  of  auburn  to  borrow 
money  for  school  purposes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  For  the  purposes  of  constructing  an  addition 
to  the  high  school  building  and  originally  furnishing  and 
equipping  said  addition,  the  town  of  Auburn  may  borrow 
from  time  to  time,  within  a  period  of  five  years  from  the 
effective  date  of  this  act,  such  sums  as  may  be  necessary, 
not  exceeding,  in  the  aggregate,  six  hundred  thousand  dollars, 
and  may  issue  bonds  or  notes  therefor,  which  shall  bear  on 
their  face  the  words.  Auburn  School  Loan,  Act  of  1952. 
Each  authorized  issue  shall  constitute  a  separate  loan,  and 
such  loans  shall  be  paid  in  not  more  than  twenty  years 
from  their  dates.  Indebtedness  incurred  under  this  act 
shall  be  in  excess  of  the  statutory  limit,  but  shall,  except  as 
provided  herein,  be  subject  to  chapter  forty-four  of  the 
General  Laws,  exclusive  of  the  limitation  contained  in  the 
first  paragraph  of  section  seven  thereof. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  16,  1952. 

An  Act  designating  the  bridge  over  little  river  in 
the  city  of  westfield  as  the  veterans'  memorial 

BRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  bridge  over  Little  river  in  the  city  of 
Westfield  shall  be  known  and  designated  as  the  Veterans' 
Memorial  Bridge,  and  a  suitable  tablet  bearing  said  desig- 
nation shall  be  attached  to  said  bridge  by  the  state  depart- 
ment of  public  works. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  16,  1952. 

An  Act  authorizing  the  town  of  saugus  to  pay  a  sum  Chap.ZSO 

OF  money  to  hazel  c.  marison. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  town  of  Saugus  is  hereby  authorized  to  appro- 
priate and  pay  to  Hazel  C.  Marison,  a  school  teacher  of 


Chap.S29 


256  Acts,  1952. —Chaps.  331,  332,  333. 

said  town,  the  sum  of  one  hundred  and  ninety-three  dollars 
and  ninety-five  cents  as  reimbursement  for  medical  expenses 
incurred  as  a  result  of  injuries  sustained  while  in  the  per- 
formance of  her  duties. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  16,  1952. 


Chap.ZSl  An  Act  authorizing  the  town  of  mattapoisett  to  make 

ADDITIONAL   WATER   LOANS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  developing  well  fields, 
extending  water  mains  and  improving  water  distribution 
facilities,  the  town  of  Mattapoisett  may  borrow  from  time 
to  time  such  sums  as  may  be  necessary,  not  exceeding,  in 
the  aggregate,  two  hundred  thousand  dollars,  and  may  issue 
bonds  or  notes  therefor  which  shall  bear  on  their  face  the 
words,  Mattapoisett  Water  Loan,  Act  of  1952.  Each  au- 
thorized issue  shall  constitute  a  separate  loan,  and  such 
loans  shall  be  payable  in  not  more  than  thirty  years  from 
their  dates.  Indebtedness  incurred  under  this  act  shall  be 
within  the  limits  of  the  amount  prescribed  by  the  last  para- 
graph of  section  eight  of  chapter  forty-four  of  the  General 
Laws. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  16,  1952. 

Chap. 332  An  Act  authorizing  the  town  of  saugus  to  pay  a  sum 

OF  money  to  M.  pearl  PETERSON. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  Notwithstanding  any  provision  of  law  to 
the  contrary,  the  town  of  Saugus  is  hereby  authorized  to 
appropriate  and  pay  to  M.  Pearl  Peterson,  a  school  teacher 
of  said  town,  the  sum  of  four  hundred  and  seventy-seven 
dollars  as  reimbursement  for  medical  expenses  incurred  as 
a  result  of  injuries  sustained  while  in  the  p)erformance  of  her 
duties. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  16,  1952. 

Chap. 333  An  Act  authorizing  the  American  association  for  the 

ADVANCEMENT    OF    SCIENCE    TO    HOLD    ADDITIONAL    REAL 
ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  2  of  chapter  74  of  the  acts  of  1874,  as  amended 
by  chapter  238  of  the  Special  Acts  of  1915,  is  hereby  further 
amended  by  striking  out,  in  line  3,  the  words  "two  hundred 
and  fifty"  and  inserting  in  place  thereof  the  words:  — five 
million,  five  hundred,  —  so  as  to  read  as  follows :  —  Seo- 


Acts,  1952.  —  Chaps.  334,  335,  336.  257 

Hon  2.  Said  corporation  may  have  and  hold  by  purchase, 
grant,  gift  or  otherwise,  real  estate  not  exceeding  five  milHon, 
five  hundred  thousand  dollars  in  value,  and  personal  estate 
in  any  amount.  Approved  May  16,  1952. 


An  Act  authorizing  the  city  of  boston  to  pay  a  sum 
of  money  to  james  f.  drey. 

Be  it  enacted,  etc.,  as  follows: 

The  city  of  Boston,  notwithstanding  any  statute  or  ordi- 
nance to  the  contrary,  and  subject  to  the  approval  of  the 
city  council  and  mayor,  and  as  earlier  approved  by  the 
board  of  apportionment  of  the  school  department  and  by 
the  school  committee  of  said  city,  is  hereby  authorized  to 
pay  to  James  F.  Drey  of  said  city  a  sum,  not  exceeding  four 
hundred  and  twelve  dollars  and  twenty-six  cents,  as  com- 
pensation for  services  rendered  by  him  as  a  teacher  of  classes 
exclusively  for  boys  in  the  public  school  system  of  said  city 
during  the  period  from  September  first,  nineteen  hundred 
and  twenty-five  to  January  twentieth,  nineteen  hundred 
and  thirty,  inclusive,  for  which  services  he  was  not  com- 
pensated due  to  inadvertence  and  through  no  fault  of  said 
James  F.  Drey.  Approved  May  16,  1952. 

An  Act  designating  the  junction  of  brooks  street 
and  nonantum  road  in  the  brighton  district  of  the 
city  of  boston  as  the  raymond  j.  lalime  square. 

Be  it  enacted,  etc.,  as  follows: 

The  junction  of  Brooks  street  and  Nonantum  road  in  the 
Brighton  district  of  the  city  of  Boston  shall  be  known  and 
designated  as  the  Raymond  J.  Lalime  Square  in  honor  of 
a  naval  hero  of  World  War  II  who  paid  the  supreme  sacri- 
fice at  Antwerp,  Belgium  during  the  battle  of  the  Bulge, 
and  a  suitable  tablet  or  marker  bearing  said  designation 
shall  be  erected  and  maintained  at  said  junction  by  the 
metropolitan  district  commission.  For  the  purposes  of  this 
act,  the  commission  may  expend  such  sum  as  may  be  appro- 
priated therefor.  Approved  May  16,  1952. 

An  Act  authorizing  the  city  of  beverly  to  increase 
the  compensation  of  the  members  of  its  board  of 
aldermen. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  13  of  chapter  542  of  the  acts  of 
1910,  as  most  recently  amended  by  section  1  of  chapter 
198  of  the  acts  of  1943,  is  hereby  further  amended  by  strik- 
ing out,  in  line  13,  the  word  "three"  and  inserting  in  place 
thereof  the  word :  —  five,  —  so  as  to  read  as  follows :  — 
Section  IS.    The  board  of  aldermen  shall,  so  far  as  is  con- 


C/iap.  334 


Chap.SSd 


Chap.SSQ 


258  Acts,  1952. —  Chap.  337. 

sistent  with  this  act,  have  and  exercise  all  the  legislative 
power  of  towns  and  of  the  inhabitants  thereof,  and  shall 
have  and  exercise  all  the  powers  now  vested  by  law  in  the 
city  of  Beverly  and  in  the  inhabitants  thereof  as  a  municipal 
corporation,  and  shall  have  all  the  powers  and  be  subject 
to  all  the  liabilities  of  city  councils  and  of  either  branch 
thereof,  and  it  may  by  ordinance  prescribe  the  manner  in 
which  such  powers  shall  be  exercised.  Its  members  shall 
receive  in  full  compensation  for  their  services  as  members 
of  the  board  of  aldermen,  or  of  any  committee  thereof, 
such  salary  as  may  be  established  by  ordinance,  but  not 
exceeding  five  hundred  dollars  per  annum  for  each  member. 
Sessions  of  the  board  whether  as  a  board  of  aldermen  or  as 
a  committee  of  the  whole  shall  be  open  to  the  public,  and  a 
journal  of  its  proceedings  shall  be  kept,  which  journal  shall 
be  subject  to  public  inspection.  The  vote  of  the  board 
upon  any  question  shall  be  taken  by  roll  call  when  the  same 
is  requested  by  at  least  three  members.  Nothing  herein 
shall  prevent  the  board,  by  special  vote,  from  holding  private 
sittings  for  the  consideration  of  nominations  by  the  mayor. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Beverly  at  the  next 
biennial  city  election  in  the  form  of  the  following  question 
which  shall  be  placed  upon  the  official  ballot  to  be  used  at 
said  election:  —  "Shall  an  act  passed  by  the  general  court 
in  the  year  nineteen  hundred  and  fifty-two,  entitled  'An 
Act  authorizing  the  city  of  Beverly  to  increase  the  com- 
pensation of  the  members  of  its  board  of  aldermen',  be 
accepted?"  If  a  majority  of  the  votes  cast  on  said  question 
is  in  the  affirmative,  this  act  shall  take  full  effect  on  January 
first  in  the  year  nineteen  hundred  and  fifty-four,  otherwise 
it  shall  have  no  effect.  Approved  May  16,  1952. 

Chap. ^^7  An  Act  relative  to  approval  of  town  by-laws  by  the 

ATTORNEY    GENERAL. 

Be  it  enacted,  etc.,  as  follows: 

Ed.V,' 4o!l' 32.  Chapter  40  of  the  General  Laws  is  hereby  amended  by 
etc., 'amended',  striking  out  scctiou  32,  as  amended  by  section  1  of  chapter 
520  of  the  acts  of  1941,  and  inserting  in  place  thereof  the 
U)w°by-ia°l3  following  section :  —  Section  32.  Before  a  by-law  takes  effect 
by  the  it  shall  bc  approved  by  the  attorney  general  or  ninety  days 

geiuH-aif  shall  have  elapsed  without  action  by  the  attorney  general 

regulated.  after  the  clerk  of  the  town  in  which  a  by-law  has  been 
adopted  has  submitted  to  the  attorney  general  a  certified 
copy  of  such  by-law  with  a  request  for  its  approval,  together 
with  adequate  proof  that  all  of  the  procedural  requirements 
for  the  adoption  of  such  by-law  have  been  complied  with. 
If  the  attorney  general  does  not,  within  said  ninety  days, 
request  of  such  town  clerk  in  writing  further  proof  of  such 
compliance  stating  specifically  wherein  such  proof  is  inade- 
quate, it  shall  be  presumed  that  the  proof  submitted  was 
adequate.    If  the  attorney  general  disapproves  a  by-law  he 


Acts,  1952.  —  Chaps.  338,  339.  259 

shall  give  notice  to  the  town  clerk  of  the  town  in  which  the 
by-law  was  adopted  of  his  disapproval,  with  his  reasons 
therefor.  If  a  by-law  of  a  town  takes  effect  by  reason  of  the 
failure  of  the  attorney  general  to  seasonably  act  upon  a 
request  for  its  approval,  the  clerk  of  such  town  shall  enter 
in  his  records  a  statement  that  the  by-law  has  become  effec- 
tive by  reason  of  such  failure  of  the  attorney  general  to  act. 
Before  a  by-law  takes  effect  it  shall  also  be  published  in  a 
town  bulletin  or  pamphlet,  copies  of  which  shall  be  posted 
in  at  least  five  public  places  in  the  town ;  and  if  the  town  is 
divided  into  precincts,  copies  shall  be  posted  in  one  or  more 
public  places  in  each  precinct  of  the  town;  or,  instead  of 
such  publishing  in  a  town  bulletin  or  pamphlet  and  such 
posting,  copies  thereof  shall  be  published  at  least  three  times 
in  one  or  more  newspapers,  if  any,  published  in  the  town, 
otherwise  in  one  or  more  newspapers  published  in  the  county. 
The  requirements  of  publishing  in  a  town  bulletin  or  pam- 
phlet and  posting,  or  publishing  in  one  or  more  newspapers, 
as  above,  may  be  dispensed  with  if  notice  of  the  by-law  be 
given  by  delivering  a  copy  thereof  at  every  occupied  dwell- 
ing or  apartment  in  the  town,  and  affidavits  of  the  persons 
delivering  the  said  copies,  filed  with  the  town  clerk,  shall  be 
conclusive  evidence  of  proper  notice  hereunder.  This  section 
shall  not  apply  to  cities.  Approved  May  16,  1952. 


Chap.SSS 


An  Act  designating  the  highway  overpass  at  sullivan 

SQUARE  in  the  CHARLESTOWN  DISTRICT  OF  THE  CITY  OF 
BOSTON  AS  THE  DAVID  M.  CLEARY  MEMORIAL  OVERPASS. 

Be  it  enacted,  etc.,  as  follows: 

The  highway  overpass  being  constructed  at  Sullivan  square 
in  the  Charlestown  district  of  the  city  of  Boston  shall  be 
known  and  designated  as  the  David  M.  Cleary  Memorial 
Overpass,  and,  upon  its  completion,  a  suitable  tablet  or 
marker  bearing  said  designation  shall  be  erected  thereon  by 
the  state  department  of  public  works. 

Approved  May  16,  1952. 

An  Act  authorizing  the  department  of  public  utilities  nhn^  qqq 
TO  make  permanent  the  present  temporary  grade         ^' 

crossing  of  the  new  YORK,  NEW  HAVEN  AND  HARTFORD 
railroad  company  at  SOUTH  STREET  IN  THE  CITY  OF 
NORTHAMPTON. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  public  utilities,  acting  for  and  in  behalf 
of  the  commonwealth,  is  hereby  authorized  and  directed, 
subject  to  the  approval  of  the  governor  and  council,  to  make 
permanent  the  present  temporary  crossing  at  grade  across 
the  tracks  of  the  New  York,  New  Haven  and  Hartford  Rail- 
road Company  at  South  street  (otherwise  known  as  Old 
South  street)  in  the  city  of  Northampton. 

Approved  May  16,  1952. 


260  Acts,  1952.  — Chaps.  340,  341,  342,  343. 

Chap.S^tO  An  Act  relative  to  the  tenure  of  office  of  the  chief 

OF   POLICE    OF  THE   TOWN    OF   NORTH    BROOKFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  tenure  of  oflBce  of  the  incumbent  of  the 
office  of  chief  of  police  in  the  town  of  North  Brookfield  shall, 
upon  the  effective  date  of  this  act,  be  unlimited.  Said  in- 
cumbent shall  not  be  removed  from  office,  lowered  in  rank 
or  suspended,  except  for  just  cause  and  for  reasons  specific- 
ally given  him  in  writing  by  the  board  of  selectmen. 

Section  2.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  a  majority  of  the  registered  voters  of  the  town  of 
North  Brookfield  at  the  next  annual  town  meeting,  but  not 
otherwise.  Approved  May  16,  1952. 

Chap. 341  An  Act  authorizing  the  town  of  lenox  to  purchase 

WATER   from   the    CITY   OF   PITTSFIELD. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  town  of  Lenox,  acting  by  and  through 
its  board  of  water  commissioners,  may  enter  into  a  contract 
or  contracts  with  the  city  of  Pittsfield  to  purchase  water  at 
wholesale  from  said  city  for  domestic  and  other  purposes  in 
said  town  and  said  city  is  hereby  authorized  to  contract  with 
and  sell  water  to  said  town. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  town  of  Lenox  at  a  regular  town  meeting  or 
a  special  town  meeting  called  for  the  purpose  and  by  the 
city  council  of  the  city  of  Pittsfield. 

Approved  May  16,  1952. 

Chap. 342  An  Act  increasing  the  reimbursement  to  cities  and 

TOWNS  FOR  EXPENSES  INCURRED  FOR  TONSIL  AND  ADENOID 
operations   UPON   CERTAIN   POOR   PERSONS. 

Be  it  enacted,  etc.,  as  follows: 

G^L.  ^(Ter.  Section  18  of  chapter  122  of  the  General  Laws  is  hereby 

§  IS,'  etc.,'  amended  by  striking  out  the  eighth  sentence,  as  appearing 
amended.  -^^  chapter  583  of  the  acts  of  1945,  and  inserting  in  place 
Expepses  for  thcreof  the  following  sentence:  —  Expenses  incurred  by  a 
s^gicai  town  for  tonsil  and  adenoid  operations  shall  be  reimbursed 

rrimburs"ed.       by  the  commou Wealth  to  an  amount  not  exceeding  twenty- 
five  dollars  in  the  case  of  any  one  such  operation. 

Approved  May  16,  1952. 

Chap. 343  An  Act  placing  the  position  of  conservation  skilled 

WORKER  AND  CONSERVATION  SKILLED  HELPER  IN  THE 
service  of  the  DEPARTMENT  OF  CONSERVATION  UNDER 
THE   CIVIL   SERVICE   LAWS   AND   RULES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  positions  of  conservation  skilled  worker 
and  conservation  skilled  helper  in  the  service  of  the  depart- 
ment of  conservation  shall,  on  the  effective  date  of  this  act, 


Acts,  1952.  —  Chaps.  344,  345,  346.  261 

be  classified  under  the  civil  service  laws  and  rules,  and  the 
persons  employed  in  such  positions  on  the  effective  date  of 
this  act  and  who  were  employed  in  said  positions  on  January 
first,  nineteen  hundred  and  forty-nine,  shall  continue  to  serve 
in  such  positions,  and  the  tenure  of  their  office  shall  be  un- 
limited, subject  to  the  civil  service  laws  and  rules. 

Section  2.  The  present  incumbents  of  such  offices  and 
positions  who  were  not  so  employed  on  January  first,  nine- 
teen hundred  and  forty-nine  may  continue  to  serve  at  the 
pleasure  of  the  appointing  authority. 

Approved  May  16,  1952. 

An  Act  relative  to  the  taxation  of  certain  utility  Chap.Z4^ 

CORPORATIONS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  52A  of  chapter  63  of  the  General  Laws,  inserted  EJo'eJ.^' 
by  section  1  of  chapter  641  of  the  acts  of  1951,  is  hereby  §  s^.a  e'tc. 
amended  by  striking  out  the  first  sentence  of  paragraph  (b)  *'"''° 
of  subdivision  (1)  and  inserting  in  place  thereof  the  follow- 
ing sentence:  —  "Net  income"  for  the  taxable  year  means  "Net income" 
net  income  (gross  income  less  allowable  deductions  other  ^^^°^'^- 
than  losses  sustained  in  other  fiscal  or  calendar  years)  as 
determined  pursuant  to  the  federal  revenue  act  apphcable 
for  said  taxable  year,  except  that  in  any  such  determination 
dividends  from  another  utihty  corporation  shall  be  excluded 
from  gross  income.  Approved  May  16,  1952. 

An  Act  repealing  certain  provisions  of  law  relative  phnj^  345 
TO  sight  saving  classes  for  children.  "' 

Be  it  enacted,  etc.,  as  follows: 

Section  16  of  chapter  69  of  the  General  Laws,  as  appearing  g.  l.  (Ter. 
in  the  Tercentenary  Edition,  is  hereby  repealed.  ^pi^i^'.  ^  ^^' 

Approved  May  16,  1952. 

An  Act  relative  to  the  charging  of  certain  fees  for  nh^j.  94 a 
services  performed  in  connection  with  the  rental         ^' 
OR  leasing  of  property  for  dwelling  purposes. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  271  of  the  General  Laws  is  hereby  amended  by  G.L.(Ter.Ed.). 
inserting  after  section  44  the  following  section:  —  Section  45.  added^^  ^*^' 
No  person  engaged  in  the  business  of  finding  dwelling  ac-  charging  of 
commodations  for  prospective  tenants  desirous  of  renting  [endn^g  or 
the  same  shall  charge  such  prospective  tenants  any  fee  leasing  cei- 
solely  for  the  registration  of  such  prospective  tenants;  pro-  tfeT.  ^egiXted. 
vided,   however,   that   nothing  herein   contained   shall   be 
construed  to  prevent  a  broker  from  being  entitled  to  a  com- 
mission for  actually  finding  such  accommodations,   or  a 
renting  agent  from  receiving  a  registration  fee;   provided, 


262  AcTS,.1952.  —  Chap.  347. 

that  said  agent  furnishes  the  prospective  tenant  with  a 
written  contract  in  which  said  agent  agrees  (1)  to  soHcit 
the  Hsting  of  vacant  apartments  from  landlords  directly 
or  by  advertising  for  the  same  in  a  daily  newspaper  at  least 
once  a  day;  (2)  to  mail  to  said  prospective  tenant  at  least 
twice  a  week  a  list  of  at  least  twenty  apartments  which 
the  renting  agent  beheves  to  be  available  for  rental;  and 
(3)  to  perform  the  above  mentioned  services  for  a  period 
of  thirty  days  from  the  date  of  receipt  of  the  entire  amount 
of  said  registration  fee,  unless  prior  to  the  expiration  of  said 
thirty  days  the  agent  provides  dwelling  accommodations 
for  said  prospective  tenant.  Any  renting  agent  who  lists 
apartments  which  he  believes  to  be  available  for  occupancy 
shall  designate,  by  suitable  words,  any  of  such  apartments 
which  must  be  shared  with  some  other  person  or  persons, 
and  the  number  of  rooms  that  such  other  person  or  persons 
will  occupy,  if  such  apartment  is  rented. 

Any  person  entitled  to  a  commission  for  obtaining  dwelling 
accommodations  for  another  shall  in  determining  the  amount 
of  his  commission  deduct  therefrom  any  money  received 
by  him  from  such  other  person  as  a  registration  fee  under 
the  provisions  of  this  section. 
Penalty.  Whocver  wilfully  or  intentionally  violates  any  provision 

of  this  section  shall  be  punished  by  a  fine  of  not  more  than 
one  hundred  dollars.  Approved  May  16,  1952. 


Chap. 34:7  An  Act  relative  to  the  annual  tour  of  duty  of  certain 

MEMBERS  OF  THE  UNITED  STATES  COAST  GUARD  RESERVE 
AND  THE  AIR  FORCE  RESERVE  WHO  ARE  EMPLOYEES  OF  THE 
COMMONWEALTH   OR   ITS    POLITICAL   SUBDIVISIONS. 

Be  it  enacted,  etc.,  as  follows: 

G.L.  (Ter.  Chapter  33  of  the  General  Laws  is  hereby  amended  by 

etc!, 'amended.  Striking  out  sectiou  54,  as  appearing  in  section  1  of  chapter 
425  of  the  acts  of  1939,  and  inserting  in  place  thereof  the 
following  section:  —  Section  54-  Any  person  in  the  service 
JfTute  and''^  ^^  ^^^  commouwealth,  or  of  a  county,  city  or  town  which, 
municipal  by  vote  of  its  county  commissioners  or  city  council  or  of  its 
tnoolsr^  inhabitants  at  a  towni  meeting,  accepts  this  section,  shall 
l^rhouUosr  ^^  entitled,  during  the  time  of  his  service  in  the  organized 
of  pay.  miUtia,  under  sections  eleven,  seventeen,  eighteen,  nineteen, 

one  hundred  and  five  or  one  hundred  and  fifty-four,  or  during 
his  annual  tour  of  duty  of  not  exceeding  fifteen  days  as  a 
member  of  the  organized  reserve  of  the  army  of  the  United 
States,  of  the  United  States  naval  reserve  forces,  of  the 
United  States  Coast  Guard  Reserve,  or  of  the  Air  Force 
Reserve,  to  receive  pay  therefor,  without  loss  of  his  ordinary 
remuneration  as  an  employee  or  official  of  the  common- 
wealth, or  of  such  county,  city  or  town,  and  shall  also  be 
entitled  to  the  same  leaves  of  absence  or  vacation  with  pay 
given  to  other  Uke  employees  or  officials. 

Approved  May  16,  1952. 


Acts,  1952.  —  Chaps.  348,  349,  350.  263 


An  Act  relative  to  the  powers  and  duties  of  the  QIiq^t)  343 
board  of  probation. 

Be  it  enacted,  etc.,  as  follows: 

Section  99  of  chapter  276  of  the  General  Laws,  as  appear-  g.  l.  (Ter. 
ing  in  the  Tercentenary  Edition,  is  hereby  amended  by  in-  §  99; 
serting  after  the  third  sentence  the  following  sentence :  —  amended. 
The  board  may  authorize  the  attendance  of  any  or  all  such  dutTls^of  the 
justices  and  officers  at  other  conferences  within  or  without  ^rohtttL 
the  commonwealth,  which,  in  its  discretion,  promote  the 
general  welfare  of  the  probation  service. 

Approved  May  16,  1952. 


An  Act  to  prohibit  the  transportation  of  live  foxes  C/ia».349 

WITHIN  the  commonwealth  WITHOUT  A  PERMIT  THEREFOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  111  of  chapter  131  of  the  General  Laws,  as  most  g.  l.  (Ter. 
recently  amended  by  chapter  397  of  the  acts  of  1947,  is  fVii/etc.. 
hereby  further  amended  by  striking  out  the  first  sentence  and  amended. 
inserting  in  place  thereof  the  following  sentence:  — No  per-  Transportation 
son  shall  bring  or  cause  to  be  brought  into  the  commonwealth  Foxes  within 
any  live  bird  or  mammal  protected  by  this  chapter,  or  any  re'XtedT^"'**'' 
member  of  the  family  sciuridae  of  the  order  rodentia,  unless 
he  first  obtains  a  permit  so  to  do  from  the  director,  nor 
shall  any  person  liberate  any  bird  or  mammal,  wild  by  na- 
ture, other  than  birds  used  as  decoys  at  the  time  of  such 
liberation,  nor  shall  any  person  transport  live  foxes  within 
the  commonwealth,  except  in  accordance  with  the  provisions 
of  an  outstanding  permit  issued  to  him. 

Approved  May  16,  1952. 


An  Act  placing  the  office  of  executive  secretary  of 

THE  rehabilitation  COMMISSION  IN  THE  DEPARTMENT  OF 
INDUSTRIAL  ACCIDENTS  UNDER  THE  CIVIL  SERVICE  LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Upon  the  effective  date  of  this  act,  the  office  of  executive 
secretary  of  the  rehabilitation  commission  in  the  department 
of  industrial  accidents  shall  become  subject  to  the  civil 
service  laws* and  rules,  and  the  incumbent  of  said  office  shall 
have  unlimited  tenure  of  office,  subject,  however,  to  said 
laws,  but  shall  be  subjected  by  the  division  of  civil  service 
to  a  qualifying  examination,  and  if  said  incumbent  passes 
said  examination  he  shall  be  certified  for  said  office  and 
deemed  to  be  permanently  appointed  thereto,  without  being 
required  to  serve  any  probationary  period. 

Approved  May  16,  1952. 


Chap.^m 


264  Acts,  1952.  —  Chaps.  351,  352. 


Chap. 351  An  Act  further  extending  the  provisions  of  absent 

VOTING  TO  MEMBERS  OF  THE  ARMED  FORCES  OF  THE  UNITED 
STATES. 

'^rTambie''^  ^^^'"'^(^^1    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  protect  without  delay 
residents  of  the  commonwealth  serving  in  or  with  the  armed 
forces  of  the  United  States  in  the  exercise  of  their  right  of 
suffrage,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  provisions  of  chapter  five  hundred  and  thirty-one 
of  the  acts  of  nineteen  hundred  and  forty-eight,  pertaining 
to  absent  voting  by  members  of  the  armed  forces  of  the 
United  States,  shall  be  applicable  to  (1)  members  of  the 
armed  forces  of  the  United  States  serving  as  a  component 
unit  under  the  flag  of  the  United  Nations,  and  (2)  members 
of  the  armed  forces  of  the  United  States  serving  within  or 
without  the  continental  limits  of  the  United  States. 

Approved  May  20,  1962. 


Chap.S52  A.N  Act  making  certain  changes  in  the  law  relative 

TO  THE  ADOPTION  OF  CHILDREN. 

Be  it  enacted,  etc.,  as  follows: 

gjL.  ^Ter  Chapter  210  of  the  General  Laws  is  hereby  amended  by 

etc!. 'amended'.  Striking  out  scctiou  3,  as  most  recently  amended  by  chapter 
674  of  the  acts  of  1951,  and  inserting  in  place  thereof  the 
of'^cMdJen.  following :  —  Section  3.  The  consent  of  the  persons  named 
in  section  two,  other  than  the  child  or  her  husband,  if  any, 
shall  not  be  required  if  the  person  to  be  adopted  is  of  full 
age,  nor  shall  the  consent  of  any  such  person  other  than  the 
child  be  required  if  such  person  is  adjudged  by  the  court 
hearing  the  petition  to  be  hopelessly  insane,  or  is  imprisoned 
in  any  penal  institution  in  this  commonwealth  under  sen- 
tence for  a  term  of  which  more  than  three  years  remain 
unexpired  at  the  date  of  the  petition;  or  if  he  has  wilfully 
deserted  or  neglected  to  provide  proper  care  and  mainte- 
nance for  such  child  for  one  year  last  preceding  the  date  of 
the  petition,  and  the  foregoing  provision  shall  be  applicable 
to  the  father  of  the  child  and  his  consent  shall  not  be  re- 
quired notwithstanding  the  absence  of  a  court  decree  ordering 
said  father  to  pay  for  the  support  of  said  child,  and  notwith- 
standing a  court  decree  awarding  custody  of  said  child  to 
its  mother;  or  if  he  has  suffered  such  child  to  be  supported 
for  more  than  one  year  continuously  prior  to  the  petition  by 
an  incorporated  charitable  institution  or  by  a  town  or  by 
the  commonwealth;  or  if  he  has  been  sentenced  to  imprison- 
ment for  drunkenness  upon  a  third  conviction  within  one 
year  and  neglects  to  provide  proper  care  and  maintenance 


Acts,  1952. —  Chap.  353.  265 

for  such  child ;  or  if  such  person  has  been  convicted  of  being 
a  common  night  walker  or  a  lewd,  wanton  and  lascivious 
person,  and  neglects  to  provide  proper  care  and  mainte- 
nance for  such  child.  A  giving  up  in  writing  of  a  child,  for 
the  purpose  of  adoption,  to  an  incorporated  charitable 
institution  or  the  department  of  public  welfare  shall  operate 
as  a  consent  to  any  adoption  subsequently  approved  by 
such  institution  or  said  department.  Notice  of  the  petition  Notice 
shall  be  given  to  the  department  of  public  welfare,  if  the  ofpefition. 
child  is  supported  by  a  town  or  by  the  commonwealth,  and 
if  the  child  is  supported  by  a  town,  notice  shall  also  be  given 
to  the  board  of  public  welfare  thereof,  and  in  Boston  said 
notice  shall  be  given  both  to  the  overseers  of  the  public 
welfare  in  the  city  of  Boston  and  to  the  institutions  de- 
partment. Approved  May  21,  1952. 

An  Act  relative  to  reimbursement  by  the  common-  nhnj)  qkq 

WEALTH    TO    COMBINATIONS    OF    CITIES    AND    TOWNS    AND  ^' 

WELFARE    DISTRICTS   SO    CALLED. 

Whereas,   The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  is  to  make  immediately  effective  ^'^''''™ 
certain  changes  in  the  law  relating  to  reimbursement  by 
the  commonwealth  in  certain  welfare  cases,  therefore  it  is 
hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  44  of  chapter  117  of  the  General  EdViTv'^s 
Laws  is  hereby  amended  by  inserting  after  the  words  "eight-  etc!,  ameAded*' 
een  A",  in  line  9,  as  appearing  in  chapter  476  of  the  acts  of 
1938,  the  words :  —  ,  one  hundred  and  eighteen  D. 

Section  2.    Said  chapter  117  is  hereby  further  amended  g.  l.  (Ter. 
by  striking  out  section  45,  as  amended  by  section  2  of  chap-  ^tt!'amlAded^' 
ter  293  of  the  acts  of  1950,  and  inserting  in  place  thereof  the 
following  section :  —  Section  1^5.     Each  public  welfare  dis-  Reimbursement 
trict  established  under  section  forty-four  shall  certify  to  the  weaTtrSf""" 
commissioner  of  public  welfare  the  amounts  paid  for  the  pxpense.-^  of 
necessary  expenses  of  administration.     One  third  of  the  tion."^^  ^^" 
amounts  allowed  by  said  commissioner  for  such  expenses  of 
administration  shall  be  reimbursed  by  the  commonwealth 
to  said  district  on  or  before  the  tenth  day  of  March,  June, 
September   or   December,   whichever   of  such   dates   next 
follows  such  certification.     The  amount  reimbursed  under 
authority  of  this  section  may  be  expended  by  the  district, 
without  appropriation,  for  administration  expenses  of  the 
district. 

Section  3.     Section  2  of  chapter  118B  of  the  General  ^j^  {7|^- 
Laws,  as  appearing  in  section  7  of  chapter  793  of  the  acts  §'2'  etc.,   ' 
of  1950,  is  hereby  amended  by  striking  out  the  first  sentence  ^•^''"'^'''^ 
and  inserting  in  place  thereof  the  following  sentence:  — 
Except  as  provided  in  sections  three  to  seven,  inclusive,  the  Employment 
board  of  public  welfare  of  every  city  or  town,  for  the  purpose  °^  certain 


266 


Acts,  1952. —  Chap.  353. 


persons  by 
boards  of 
public 
welfare. 


G.  L.  (Ter. 
Ed.l,  118B, 
§  3,  etc., 
amended. 


G.  L.  fTer. 
Ed.),  USB, 
§  5,  etc., 
amended. 


G.  L.  (Ter. 
Ed.),  118B, 
§  6,  eto., 
amended. 


G.  L.  (Ter. 
Ed.),  IISB, 
§  9,  etc., 
amended. 


G.  L.  (Tor. 
Ed.),  118B, 
§  10,  etc., 
amended. 


G.  L.  (Ter. 
Ed.),  118D, 
§  20,  etc., 
amended. 


Reimbursement 
by  the  com- 
monwealth, 
etc. 


Effective 
date. 


of  carrying  out  the  provisions  of  chapters  one  hundred  and 
eighteen,  one  hundred  and  eighteen  A  and  one  hundred  and 
eighteen  D,  relative  to  aid  to  dependent  children,  old  age 
assistance  and  assistance  to  persons  who  are  disabled,  shall 
employ  an  agent  or  administrator  and  such  other  persons 
as  may  be  required. 

Section  4.  Section  3  of  said  chapter  118B,  as  so  ap- 
pearing, is  hereby  amended  by  inserting  after  the  word 
"children",  in  hne  7,  the  words:  — ,  assistance  to  persons 
who  are  disabled. 

Section  5.  Section  5  of  said  chapter  118B,  as  so  ap- 
pearing, is  hereby  amended  by  inserting  after  the  word 
"assistance",  in  line  23,  the  words:  —  ,  assistance  to  persons 
who  are  disabled. 

Section  6.  Section  6  of  said  chapter  118B,  as  so  ap- 
pearing, is  hereby  amended  by  striking  out,  in  lines  6  and  7, 
the  words  "and  one  hundred  and  eighteen  A"  and  inserting 
in  place  thereof  the  words :  —  ,  one  hundred  and  eighteen  A 
and  one  hundred  and  eighteen  D. 

Section  7.  Section  9  of  said  chapter  118B,  as  so  ap- 
pearing, is  hereby  amended  by  striking  out,  in  lines  3  and  4, 
the  words  "and  one  hundred  and  eighteen  A"  and  inserting 
in  place  thereof  the  words :  —  ,  one  hundred  and  eighteen  A 
and  one  hundred  and  eighteen  D,  —  and  by  inserting  after 
the  word  "assistance",  in  line  21,  the  words:  — ,  assistance 
to  persons  who  are  disabled. 

Section  8.  Section  10  of  said  chapter  118B,  as  so  ap- 
pearing, is  hereby  amended  by  striking  out,  in  hne  9,  the 
words  "or  one  hundred  and  eighteen  A"  and  inserting  in 
place  thereof  the  words:  — ,  one  hundred  and  eighteen  A 
or  one  hundred  and  eighteen  D. 

Section  9.  Section  20  of  chapter  118D  of  the  General 
Laws,  as  appearing  in  section  2  of  chapter  741  of  the  acts 
of  1951,  is  hereby  amended  by  striking  out  the  first  sentence 
and  inserting  in  place  thereof  the  following  sentence :  — 
In  addition  to  the  amount  of  federal  reimbursement  paid 
to  the  town  under  section  nineteen,  the  town  shall  also  be 
reimbursed  by  the  commonwealth  in  an  additional  amount 
which,  together  with  the  federal  reimbursement,  shall 
amount  to  seventy-five  per  cent  of  the  assistance  expendi- 
tures which  have  been  lawfully  incurred  under  this  chapter 
and  of  the  expenses  of  administering  this  chapter;  except 
that  expenses  of  administering  this  chapter  shall  be  available 
to  welfare  districts  estabhshed  under  chapter  one  hundred 
and  seventeen  and  cities  and  towns  which  have  entered 
into  combinations  under  chapter  one  hundred  and  eighteen  B 
only  as  provided  in  said  chapters  one  hundred  and  seventeen 
and  one  hundred  and  eighteen  B. 

Section  10.  This  act  shall  take  effect  as  of  April  first, 
nineteen  hundred  and  fifty- two.    Approved  May  23,  1952. 


Acts,  1952.  — Chap.  354.  267 


An  Act  providing  for  the  construction,  maintenance,  QJidjy  354 

REPAIR  AND  OPERATION  OF  A  SELF-LIQUIDATING  EXPRESS 
HIGHWAY  FROM  A  POINT  IN  THE  VICINITY  OF  THE  CITY  OF 
BOSTON  TO  A  POINT  AT  OR  NEAR  THE  NEW  YORK  STATE 
line;  CREATING  THE  MASSACHUSETTS  TURNPIKE  AUTHOR- 
ITY AND  DEFINUJIG  ITS  POWERS  AND  DUTIES;  AND  PROVID- 
ING FOR  THE  FINANCU^G  OF  SUCH  EXPRESS  HIGHWAY. 

Whereas,  The  deferred  operation  of  this  act  would  un- 
necessarily delay  the  construction  of  the  much  needed  ex- 
press highway  provided  for  herein  and  thereby  delay  the 
removal  of  many  of  the  present  handicaps  and  hazards  on 
the  congested  highways  in  the  commonwealth,  therefore  this 
act  is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  public  safety  and  con- 
venience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Massachusetts  Turnpike.  —  The  Massachu- 
setts Turnpike  Authority  (hereinafter  created)  is  hereby 
authorized  and  empowered,  subject  to  the  provisions  of  this 
act,  to  construct,  maintain,  repair  and  operate  at  such  loca- 
tion as  may  be  approved  by  the  state  department  of  public 
works  a  toll  express  highway,  to  be  known  as  the  "Massa- 
chusetts Turnpike",  from  a  point  in  the  vicinity  of  the  city 
of  Boston  to  a  point  at  or  near  the  boundary  line  between 
the  Commonwealth  and  the  State  of  New  York  or  such  part 
or  parts  thereof  as  it  may  determine,  and  to  issue  turnpike 
revenue  bonds  of  the  Authority,  payable  solely  from  reve- 
nues, to  finance  such  turnpike. 

Section  2.  Credit  of  Commonwealth  not  Pledged.  —  Turn- 
pike revenue  bonds  issued  under  the  provisions  of  this  act 
shall  not  constitute  a  debt  of  the  commonwealth  or  of  any 
political  subdivision  thereof  or  a  pledge  of  the  faith  and  credit 
of  the  commonwealth  or  of  any  such  political  subdivision, 
but  such  bonds  shall  be  payable  solely  from  the  funds  herein 
provided  therefor  from  revenues.  All  such  turnpike  revenue 
bonds  shall  contain  on  the  face  thereof  a  statement  to  the 
effect  that  neither  the  commonwealth  nor  the  Authority 
shall  pay  the  same  or  the  interest  thereon  except  from  rev- 
enues of  the  turnpike  and  that  neither  the  faith  and  credit 
nor  the  taxing  power  of  the  commonwealth  or  of  any  political 
subdivision  thereof  is  pledged  to  the  payment  of  the  principal 
of  or  the  interest  on  such  bonds. 

All  expenses  incurred  in  carrying  out  the  provisions  of 
this  act  shall  be  payable  solely  from  funds  provided  under 
the  authority  of  this  act  and  no  liability  or  obligation  shall 
be  incurred  by  the  Authority  hereunder  beyond  the  extent 
to  which  moneys  shall  have  been  provided  under  the  pro- 
visions of  this  act. 

Section  3.  Massachusetts  Turnpike  Authority.  —  There 
is  hereby  created  and  placed  in  the  state  department  of 
public  works  a  body  politic  and  corporate  to  be  known  as 


268  Acts,  1952. —  Chap.  354. 

the  "Massachusetts  Turnpike  Authority",  which  shall  not 
be  subject  to  the  supervision  and  regulation  of  the  depart- 
ment of  public  works  or  of  any  other  department,  conmiis- 
sion,  board,  bureau  or  agency  of  the  commonwealth  except 
to  the  extent  and  in  the  manner  provided  in  this  act.  The 
Authority  is  hereby  constituted  a  pubUc  instrumentality, 
and  the  exercise  by  the  Authority  of  the  powers  conferred 
by  this  act  in  the  construction,  operation  and  maintenance 
of  the  turnpike  shall  be  deemed  and  held  to  be  the  per- 
formance of  an  essential  governmental  function. 

The  Massachusetts  Turnpike  Authority  shall  consist  of 
three  members,  to  be  appointed  by  the  governor,  by  and 
with  the  advice  and  consent  of  the  council,  who  shall  be 
residents  of  the  commonwealth,  not  more  than  two  of  whom 
shall  be  of  the  same  pohtical  party.  The  members  of  the 
Authority  first  appointed  shall  continue  in  office  for  terms 
expiring  on  July  first,  nineteen  hundred  and  fifty-eight, 
July  first,  nineteen  hundred  and  fifty-nine  and  July  first, 
nineteen  hundred  and  sixty,  respectively,  the  term  of  each 
such  member  to  be  designated  by  the  governor,  and  until 
their  respective  successors  shall  be  duly  appointed  and 
quaUfied.  The  governor  shall  designate  one  of  the  members 
as  chairman  who  shall  serve  as  such  during  his  term  of 
office.  Upon  the  expiration  of  the  term  of  office  of  such 
chairman,  the  governor  shall  appoint  one  of  the  members 
as  his  successor  as  chairman.  The  successor  of  each  member 
shall  be  appointed  for  a  term  of  eight  years,  except  that 
any  person  appointed  to  fill  a  vacancy  shall  serve  only  for 
the  unexpired  term.  Any  member  of  the  Authority  shall  be 
ehgible  for  reappointment.  Each  member  of  the  Authority 
before  entering  upon  his  duties  shall  take  an  oath  before  the 
governor  to  administer  the  duties  of  his  office  faithfully  and 
impartially,  and  a  record  of  such  oaths  shall  be  filed  in  the 
office  of  the  secretary  of  the  commonwealth. 

The  Authority  shall  elect  one  of  the  members  as  vice 
chairman  thereof  and  shall  also  elect  a  secretary-treasurer 
who  need  not  be  a  member  of  the  Authority.  Two  members 
of  the  Authority  shall  constitute  a  quorum  and  the  afiirma- 
tive  vote  of  two  members  shall  be  necessary  for  any  action 
taken  by  the  Authority.  No  vacancy  in  the  membership  of 
the  Authority  shall  impair  the  right  of  a  quorum  to  exercise 
all  the  rights  and  perform  all  the  duties  of  the  Authority. 

Before  the  issuance  of  any  turnpike  revenue  bonds  under 
the  provisions  of  this  act,  each  member  of  the  Authority 
shall  execute  a  surety  bond  in  the  penal  sum  of  twenty-five 
thousand  dollars,  and  the  secretary-treasurer  shall  execute 
a  surety  bond  in  the  penal  sum  of  fifty  thousand  dollars, 
each  such  surety  bond  to  be  conditioned  upon  the  faithful 
performance  of  the  duties  of  his  office,  to  be  executed  by  a 
surety  company  authorized  to  transact  business  in  the  com- 
monwealth as  surety  and  to  be  approved  by  the  attorney 
general  and  filed  in  the  ofiice  of  the  secretary  of  the  common- 
wealth.    The  chairman  of  the  Authority  shall  receive  an 


Acts,  1952. —  Chap.  354.  269 

annual  salary  of  twelve  thousand  dollars  and  the  other 
members  shall  each  receive  an  annual  salary  of  ten  thousand 
dollars.  Each  member  shall  be  reimbursed  for  his  actual 
expenses  necessarily  incurred  in  the  performance  of  his 
duties.  All  expenses  incurred  in  carrying  out  the  provisions 
of  this  act  shall  be  paid  solely  from  funds  provided  under 
the  authority  of  this  act  and  no  liability  or  obligation  shall 
be  incurred  by  the  Authority  hereunder  beyond  the  extent 
to  which  moneys  shall  have  been  provided  under  the  au- 
thority of  this  act. 

Section  4.  Definitions.  —  As  used  in  this  act,  the  follow- 
ing words  and  terms  shall  have  the  following  meanings,  unless 
the  context  shall  indicate  another  or  different  meaning  or 
intent :  — 

(a)  The  word  "Authority"  shall  mean  the  Massachusetts 
Turnpike  Authority,  created  by  section  three  of  this  act,  or, 
if  said  Authority  shall  be  abolished,  the  board,  body  or 
commission  succeeding  to  the  principal  functions  thereof  or 
to  whom  the  powers  given  by  this  act  to  the  Authority  shall 
be  given  by  law. 

(6)  The  word  "turnpike"  shall  mean  the  express  toll  high- 
way or  such  part  or  parts  thereof  as  may  be  constructed 
under  the  provisions  of  this  act,  together  with  and  including 
all  bridges,  tunnels,  overpasses,  underpasses,  interchanges, 
entrance  plazas,  approaches,  connecting  highways,  service 
stations,  restaurants  and  administration,  storage  and  other 
buildings  and  facilities  which  the  Authority  may  deem  neces- 
sary for  the  operation  of  the  turnpike,  together  with  all 
property,  rights,  easements  and  interests  which  may  be  ac- 
quired by  the  Authority  for  the  construction  or  the  opera- 
tion of  the  turnpike. 

(c)  The  term  "cost  of  the  turnpike"  shall  embrace  the 
cost  of  construction,  the  cost  of  the  acquisition  of  all  land, 
rights-of-way,  property,  rights,  easements  and  interests  ac- 
quired by  the  Authority  for  such  construction,  the  cost  of 
demolishing  or  removing  any  buildings  or  structures  on  land 
so  acquired,  including  the  cost  of  acquiring  any  lands  to 
which  such  buildings  or  structures  may  be  moved,  the  cost 
of  all  machinery  and  equipment,  financing  charges,  interest 
prior  to  and  during  construction,  and,  if  deemed  advisable 
by  the  Authority,  for  one  year  after  completion  of  construc- 
tion, cost  of  traffic  estimates  and  of  engineering  and  legal 
expenses,  plans,  specifications,  surveys,  estimates  of  cost 
and  of  revenues,  other  expenses  necessary  or  incident  to  de- 
termining the  feasibility  or  practicability  of  constructing  the 
turnpike,  administrative  expenses,  and  such  other  expenses 
as  may  be  necessary  or  incident  to  the  construction  of  the 
turnpike,  the  financing  of  such  construction  and  the  placing 
of  the  turnpike  in  operation.  Any  obligation  or  expense 
hereafter  incurred  by  the  state  department  of  public  works 
with  the  approval  of  the  Authority  for  traffic  surveys,  bor- 
ings, preparation  of  plans  and  specifications,  and  other  en- 
gineering services  in  connection  with  the  construction  of  the 


270  Acts,  1952. —Chap.  354. 

turnpike  shall  be  regarded  as  a  part  of  the  cost  of  the  turn- 
pike and  shall  be  reimbursed  to  the  commonwealth  to  the 
credit  of  the  Highway  Fund. 

Section  5.  General  Grant  of  Powers.  —  The  Authority  is 
hereby  authorized  and  empowered  — 

(a)  To  adopt  by-laws  for  the  regulation  of  its  affairs  and 
the  conduct  of  its  business; 

(b)  To  adopt  an  official  seal  and  alter  the  same  at  pleasure ; 

(c)  To  maintain  an  office  or  offices  at  such  place  or  places 
within  the  commonwealth  as  it  may  determine; 

(d)  To  sue  and  be  sued  in  its  own  name,  plead  and  be 
impleaded; 

(e)  To  construct,  reconstruct,  maintain,  repair  and  op- 
erate the  turnpike  or  any  part  or  parts  thereof  as  it  may 
determine ; 

(/)  To  acquire  sites  abutting  on  the  turnpike  and  to  con- 
struct or  contract  for  the  construction  of  buildings  and  ap- 
purtenances for  gasoline  stations,  restaurants  and  other  serv- 
ices and  to  lease  the  same  for  the  above  purposes  in  such 
manner  and  under  such  terms  as  it  may  determine ; 

(g)  To  issue  turnpike  revenue  bonds  of  the  Authority  for 
any  of  its  corporate  purposes,  payable  solely  from  the  tolls 
and  revenues  pledged  for  their  payment,  and  to  refund  its 
bonds,  all  as  provided  in  this  act; 

(h)  To  fix  and  revise  from  time  to  time  and  charge  and 
collect  tolls  for  transit  over  the  turnpike ; 

(?)  To  establish  rules  and  regulations  for  the  use  of  the 
turnpike ; 

(j)  To  acquire,  hold  and  dispose  of  real  and  personal  prop- 
erty in  the  exercise  of  its  powers  and  the  performance  of  its 
duties  under  this  act; 

(k)  To  acquire  in  the  name  of  the  Authority  by  purchase 
or  otherwise,  on  such  terms  and  conditions  and  in  such  man- 
ner as  it  may  deem  proper,  or  by  the  exercise  of  the  power  of 
eminent  domain  in  accordance  with  the  provisions  of  chap- 
ter seventy-nine  of  the  General  Laws  or  any  alternative 
method  now  or  hereafter  provided  by  general  law,  in  so  far 
as  such  provisions  may  be  applicable,  such  public  lands, 
parks,  playgi'ounds,  reservations,  cemeteries,  highways  or 
parkways,  or  parts  thereof  or  rights  therein,  and  any  fee 
simple  absolute  or  any  lesser  interest  in  such  private  property 
as  it  may  deem  necessary  for  carrying  out  the  provisions  of 
this  act,  including  any  fee  simple  absolute  in,  easements 
upon,  or  the  benefit  of  restrictions  upon,  abutting  property 
to  preserve  and  protect  the  turnpike;  provided,  however, 
that  whenever  a  parcel  of  private  property  so  taken  is  used 
in  whole  or  part  for  residential  purposes,  the  owner  or  owners 
of  said  parcel  may,  within  thirty  days  of  the  date  of  the 
Authority's  notice  to  vacate  such  parcel,  appeal  to  the  Au- 
thority for  a  postponement  of  the  date  set  for  vacating, 
whereupon  the  Authority  shall  grant  to  the  o\\Tier  or  owners 
of  the  property  a  postponement  of  three  months  from  the 
date  of  such  appeal;  provided,  however,  that  the  appeal  for 


Acts,  1952.  — Chap.  354.  271 

such  postponement  shall  be  in  the  form  of  a  written  request 
to  the  Authority  sent  by  registered  mail,  return  receipt  re- 
quested; and  provided,  further,  that  the  Authority  shall 
give  security  to  the  state  treasurer,  in  such  amount  and  in 
such  form  as  may  be  determined  by  the  state  department  of 
public  works,  for  the  payment  of  such  damages  as  may  be 
awarded  in  accordance  with  law  for  such  taking,  and  that 
the  provisions  of  section  forty  of  said  chapter  seventy-nine, 
in  so  far  as  the  same  may  be  applicable,  shall  govern  the 
rights  of  the  Authority  and  of  any  person  whose  property 
shall  be  so  taken; 

(I)  To  designate  the  locations,  and  establish,  limit  and 
control  such  points  of  ingress  to  and  egress  from  the  turn- 
pike as  may  be  necessary  or  desirable  in  the  judgment  of  the 
Authority  to  insure  the  proper  operation  and  maintenance 
of  the  turnpike,  and  to  prohibit  entrance  to  the  turnpike 
from  any  point  or  points  not  so  designated; 

(m)  To  make  and  enter  into  all  contracts  and  agreements 
necessary  or  incidental  to  the  performance  of  its  duties  and 
the  execution  of  its  powers  under  this  act; 

(n)  To  employ  consulting  engineers,  attorneys,  account- 
ants, construction  and  financial  experts,  superintendents, 
managers,  and  such  other  employees  and  agents  as  may  be 
necessary  in  its  judgment,  and  to  fix  their  compensation; 

(o)  To  receive  and  accept  from  any  federal  agency  grants 
for  or  in  aid  of  the  construction  of  the  turnpike,  and  to  re- 
ceive and  accept  aid  or  contributions  from  any  source  of 
either  money,  property,  labor  or  other  things  of  value,  to 
be  held,  used  and  applied  only  for  the  purposes  for  which 
such  grants  and  contributions  may  be  made ;  and 

(p)  To  do  all  acts  and  things  necessary  or  convenient  to 
carry  out  the  powers  expressly  granted  in  this  act. 

Section  6.  State  Highways.  —  The  Authority  may,  with 
the  approval  of  the  state  department  of  public  works,  in- 
corporate in  the  turnpike  any  existing  state  highway  or  part 
thereof  or  any  partially  completed  state  highway  or  any 
bridge  which  it  may  deem  necessary  for  a  proper  alignment 
of  the  turnpike,  and  the  actual  cost  thereof  shall  be  reim- 
bursed to  the  commonwealth  to  the  credit  of  the  Highway 
Fund  from  the  proceeds  of  its  turnpike  revenue  bonds. 

Section  7.  Incidental  Powers.  —  The  Authority  shall 
have  power  to  construct  grade  separations  at  intersections  of 
the  turnpike  with  public  highways  and  to  change  and  adjust 
the  lines  and  grades  of  such  highways  so  as  to  accommodate 
the  same  to  the  design  of  such  grade  separation.  The  cost  of 
such  grade  separations  and  any  damage  incurred  in  changing 
and  adjusting  the  lines  and  grades  of  such  highways  shall 
be  ascertained  and  paid  by  the  Authority  as  a  part  of  the 
cost  of  the  turnpike. 

If  the  Authority  shall  find  it  necessary  to  change  the  loca- 
tion of  any  portion  of  any  public  highway,  it  shall  recon- 
struct the  same  at  such  location  as  the  Authority  shall  deem 
most  favorable,  with  the  approval  of  the  state  department  of 


272  Acts,  1952.  — Chap.  354. 

public  works,  and  of  substantially  the  same  type  and  in  as 
good  condition  as  the  original  highway.  The  cost  of  such 
reconstruction  and  any  damage  incurred  in  changing  the 
location  of  any  such  highway  shall  be  ascertained  and  paid 
by  the  Authority  as  a  part  of  the  cost  of  the  turnpike. 

Any  public  highway  affected  by  the  construction  of  the 
turnpike  may  be  vacated  or  relocated  by  the  Authority  in 
the  manner  now  provided  by  law  for  the  vacation  or  reloca- 
tion of  public  roads  and  any  damages  awarded  on  account 
thereof  shall  be  paid  by  the  Authority  as  a  part  of  the  cost 
of  the  turnpike. 

In  addition  to  the  foregoing  powers  the  Authority  and  its 
authorized  agents  and  employees  may  enter  upon  any  lands, 
waters  and  premises  in  the  commonwealth  for  the  purpose 
of  making  surveys,  soundings,  drillings  and  examinations  as 
they  may  deem  necessary  or  convenient  for  the  purposes  of 
this  act,  and  such  entry  shall  not  be  deemed  a  trespass,  nor 
shall  an  entry  for  such  purposes  be  deemed  an  entry  under 
any  condemnation  proceedings  which  may  be  then  pending. 
The  Authority  shall  make  reimbursement  for  any  actual 
damage  resulting  to  such  lands,  waters  and  premises  as  a 
result  of  such  activities. 

The  Authority  shall  also  have  power  to  make  reasonable 
regulations  including  the  authority  to  grant  easements  for 
the  installation,  construction,  maintenance,  repair,  renewal, 
relocation  and  removal  of  tracks,  pipes,  pipelines,  mains, 
conduits,  cables,  wires,  towers,  poles  and  other  equipment 
and  appliances  of  any  pubUc  utility,  or  of  any  corporation  or 
person  owning  or  operating  pipelines  in,  on,  along,  over  or 
under  the  turnpike.  Whenever  the  Authority  shall  deter- 
mine that  it  is  necessary  that  any  such  facilities  which  now 
are,  or  hereafter  may  be  located  in,  on,  along,  over  or  under 
the  turnpike  should  be  relocated  in  the  turnpike,  or  should 
be  removed  from  the  turnpike,  the  public  utility,  corporation 
or  person  owning  or  operating  such  faciUties  shall  relocate  or 
remove  the  same  in  accordance  with  the  order  of  the  Author- 
ity. In  case  of  any  such  relocation  or  removal  of  facilities, 
the  public  utility,  corporation  or  person  owning  or  operating 
the  same,  its  successors  or  assigns,  may  maintain  and  oper- 
ate such  facilities,  with  the  necessary  appurtenances,  in  the 
new  location  or  new  locations,  for  as  long  a  period,  and  upon 
the  same  terms  and  conditions,  as  it  had  the  right  to  main- 
tain and  operate  such  facilities  in  their  former  location  or  lo- 
cations. 

The  commonwealth  hereby  consents  to  the  use  of  all  lands 
owned  by  it,  including  lands  lying  under  water,  which  are 
deemed  by  the  Authority  to  be  necessary  for  the  construction  • 
or  operation  of  the  turnpike. 

The  Authority  may  sell  the  buildings  or  other  structures 
upon  any  lands  taken  by  it,  or  may  remove  the  same,  and 
shall  sell,  if  a  sale  be  practicable,  or  if  not,  shall  lease,  if  a 
lease  be  practicable,  any  lands  or  rights  or  interest  in  lands  or 
other  property  taken  or  purchased  for  the  purposes  of  this 


Acts,  1952.  — Chap.  354.  273 

act,  whenever  the  same  shall,  in  the  opinion  of  the  Authority, 
cease  to  be  needed  for  such  purpose.  The  proceeds  of  any- 
such  sale  or  lease  shall  be  applied  toward  the  cost  of  the 
turnpike  or  deposited  to  the  credit  of  the  sinking  fund  for 
the  turnpike  revenue  bonds  issued  under  the  provisions  of 
this  act. 

The  Authority  may  place  and  maintain  or  may  grant  per- 
mission by  easement  or  otherwise  to  any  corporation  or  per- 
son to  place  and  maintain  on  or  under  or  within  the  turnpike 
ducts,  pipes,  pipelines,  wires  or  other  structures,  to  be  so 
located  as  not  to  interfere  with  the  safe  and  convenient  op- 
eration and  maintenance  of  the  turnpike,  and  may  contract 
with  any  such  person  or  corporation  for  such  permission  on 
such  terms  and  conditions  as  may  be  fixed  by  the  Authority. 
The  construction,  maintenance  and  repairs  of  any  such  ducts, 
pipes,  pipelines,  wires  or  other  structures  shall  be  subject  to 
such  directions  and  regulations  as  the  Authority  may  impose. 

Section  8.  Turnpike  Revenue  Bonds.  —  The  Authority 
is  hereby  authorized  to  provide  by  resolution,  at  one  time  or 
from  time  to  time,  for  the  issuance  of  turnpike  revenue  bonds 
of  the  Authority  for  the  purpose  of  paying  all  or  any  part  of 
the  cost  of  the  turnpike  or  any  part  or  parts  thereof.  The 
principal  of  and  the  interest  on  such  bonds  shall  be  payable 
solely  from  the  funds  herein  provided  for  such  payment. 
The  bonds  shall  be  dated,  shall  bear  interest  at  such  rate  or 
rates,  not  exceeding  five  per  centum  per  annum,  shall  mature 
at  such  time  or  times  not  exceeding  forty  years  from  their 
date  or  dates,  all  as  may  be  determined  by  the  Authority, 
and  may  be  made  redeemable  before  maturity,  at  the  option 
of  the  Authority,  at  such  price  or  prices  and  under  such 
terms  and  conditions  as  may  be  fixed  by  the  Authority  prior 
to  the  issuance  of  the  bonds.  The  Authority  shall  determine 
the  form  of  the  bonds,  including  any  interest  coupons  to  be 
attached  thereto,  and  shall  fix  the  denomination  or  denomina- 
tions of  the  bonds  and  the  place  or  places  of  payment  of 
principal  and  interest,  which  may  be  at  any  bank  or  trust 
company  within  or  without  the  commonwealth.  The  bonds 
shall  be  signed  by  the  chairman  of  the  Authority  or  shall 
bear  his  facsimile  signature,  and  shall  bear  a  facsimile  of  the 
official  seal  of  the  Authority,  attested  by  the  secretary- 
treasurer  of  the  Authority,  and  any  coupons  attached  thereto 
shall  bear  the  facsimile  signature  of  the  chairman  of  the 
Authority.  In  case  any  officer  whose  signature  or  a  facsimile 
of  whose  signature  shall  appear  on  any  bonds  or  coupons 
shall  cease  to  be  such  officer  before  the  delivery  of  such  bonds, 
such  signature  or  such  facsimile  shall  nevertheless  be  valid 
and  sufficient  for  all  purposes  the  same  as  if  he  had  remained 
in  office  until  such  delivery.  All  bonds  issued  under  the  pro- 
visions of  this  act  shall  have  and  are  hereby  declared  to  have 
all  the  quaUties  and  incidents  of  negotiable  instruments 
under  the  negotiable  instruments  law  of  the  commonwealth. 
The  bonds  may  be  issued  in  coupon  or  in  registered  form,  or 
both,  as  the  Authority  may  determine,  and  provision  may 


274  Acts,  1952.  — Chap.  354. 

be  made  for  the  registration  of  any  coupon  bonds  as  to  prin- 
cipal alone  and  also  as  to  both  principal  and  interest,  for  the 
reconversion  into  coupon  bonds  of  any  bonds  registered  as 
to  both  principal  and  interest,  and  for  the  interchange  of 
registered  and  coupon  bonds.  The  Authority  may  sell  such 
bonds  in  such  manner,  either  at  public  or  at  private  sale,  and 
for  such  price,  as  it  may  determine  to  be  for  the  best  interests 
of  the  Authority,  but  no  such  sale  shall  be  made  at  a  price  so 
low  as  to  require  the  payment  of  interest  on  the  money  re- 
ceived therefor  at  more  than  five  per  centum  per  annum, 
computed  with  relation  to  the  absolute  maturity  of  the  bonds 
in  accordance  with  standard  tables  of  bond  values,  excluding, 
however,  from  such  computation  the  amount  of  any  premium 
to  be  paid  on  redemption  of  any  bonds  prior  to  maturity. 

The  proceeds  of  the  bonds  shall  be  used  solely  for  the  pay- 
ment of  the  cost  of  the  turnpike,  and  shall  be  disbursed  in 
such  manner  and  under  such  restrictions,  if  any,  as  the  Au- 
thority may  provide  in  the  resolution  authorizing  the  issu- 
ance of  such  bonds  or  in  the  trust  agreement  hereinafter 
mentioned  securing  the  same.  If  the  proceeds  of  the  bonds 
initially  issued,  by  error  of  estimates  or  otherwise,  shall  be 
less  than  such  cost,  additional  bonds  may  in  like  manner  be 
issued  to  provide  the  amount  of  such  deficit,  and,  unless 
otherwise  provided  in  the  resolution  authorizing  the  issuance 
of  such  bonds  or  in  the  trust  agreement  securing  the  same 
shall  be  deemed  to  be  of  the  same  issue  and  shall  be  entitled 
to  payment  from  the  same  fund  without  preference  or 
priority  of  the  bonds  first  issued.  If  the  proceeds  of  the 
bonds  shall  exceed  such  cost,  the  surplus  shall  be  deposited 
to  the  credit  of  the  sinking  fund  for  such  bonds. 

Prior  to  the  preparation  of  definitive  bonds,  the  Authority 
may,  under  like  restrictions,  issue  interim  receipts  or  tempo- 
rary bonds,  with  or  without  coupons,  exchangeable  for 
definitive  bonds  when  such  bonds  shall  have  been  executed 
and  are  available  for  deUvery.  The  Authority  may  also  pro- 
vide for  the  replacement  of  any  bonds  which  shall  become 
mutilated  or  shall  be  destroyed  or  lost.  Bonds  may  be 
issued  under  the  provisions  of  this  act  without  obtaining  the 
consent  of  any  department,  division,  commission,  board, 
bureau  or  agency  of  the  commonwealth,  and  without  any 
other  proceedings  or  the  happening  of  any  other  conditions  or 
things  than  those  proceedings,  conditions  or  things  which 
are  specifically  required  by  this  act. 

Section  9.  Trust  Agreement.  —  In  the  discretion  of  the 
Authority  the  bonds  issued  under  the  provisions  of  this  act 
may  be  secured  by  a  trust  agreement  by  and  between  the 
Authority  and  a  corporate  trustee,  which  may  be  any  trust 
company  or  bank  having  the  powers  of  a  trust  company 
within  or  without  the  conmion wealth.  Such  trust  agreement 
or  the  resolution  providing  for  the  issuance  of  such  bonds  may 
pledge  or  assign  the  tolls  and  other  revenues  to  be  received, 
but  shall  not  convey  or  mortgage  the  turnpike  or  any  part 
thereof.    Such  trust  agreement  or  resolution  providing  for 


Acts,  1952.  — Chap.  354.  275 

the  issuance  of  such  bonds  may  contain  such  provisions  for 
protecting  and  enforcing  the  rights  and  remedies  of  the  bond- 
holders as  may  be  reasonable  and  proper  and  not  in  viola- 
tion of  law,  including  covenants  setting  forth  the  duties  of 
the  Authority  in  relation  to  the  acquisition  of  property  and 
the  construction,  improvement,  maintenance,  repair,  opera- 
tion and  insurance  of  the  turnpike,  the  rates  of  toll  to  be 
charged,  and  the  custody,  safeguarding  and  application  of 
all  moneys.  It  shall  be  lawful  for  any  bank  or  trust  company 
incorporated  under  the  laws  of  the  commonwealth  which  may 
act  as  depositary  of  the  proceeds  of  bonds  or  of  revenues  to 
furnish  such  indemnifying  bonds  or  to  pledge  such  securities 
as  may  be  required  by  the  Authority.  Such  trust  agreement 
may  set  forth  the  rights  and  remedies  of  the  bondholders  and 
oi  the  trustee,  and  may  restrict  the  individual  right  of  action 
by  bdndholders.  In  addition  to  the  foregoing,  such  trust 
agreement  or  resolution  may  contain  such  other  provisions 
as  the  Authority  may  deem  reasonable  and  proper  for  the 
security  of  the  bondholders.  All  expenses  incurred  in  carry- 
ing out  the  provisions  of  such  trust  agreement  or  resolution 
may  be  treated  as  a  part  of  the  cost  of  the  operation  of  the 
turnpike. 

Section  10.  Revenues.  —  The  Authority  is  hereby  au- 
thorized to  fix,  revise,  charge  and  collect  tolls  for  the  use  of 
the  turnpike  and  the  different  parts  or  sections  thereof,  and 
to  contract  with  any  person,  partnership,  association  or  cor- 
poration desiring  the  use  of  any  part  thereof,  including  the 
right-of-way  adjoining  the  paved  portion,  for  placing  thereon 
telephone,  telegraph,  electric  light  or  power  lines,  gas  sta- 
tions, garages  and  restaurants,  or  for  any  other  purpose 
except  for  tracks  for  railroad  or  railway  use,  and  to  fix  the 
terms,  conditions,  rents  and  rates  of  charges  for  such  use. 
Such  tolls  shall  be  so  fixed  and  adjusted  in  respect  of  the 
aggregate  of  tolls  from  the  turnpike  as  to  provide  a  fund 
sufficient  with  other  revenues,  if  any,  to  pay  (a)  the  cost  of 
maintaining,  repairing  and  operating  the  turnpike  and  (6) 
the  principal  of  and  the  interest  on  such  bonds  as  the  same 
shall  become  due  and  payable,  and  to  create  reserves  for 
such  purposes.  Such  tolls  shall  not.be  subject  to  supervi- 
sion or  regulation  by  any  department,  division,  commission, 
board,  bureau  or  agency  of  the  commonwealth  or  any  po- 
litical subdivision  thereof.  The  tolls  and  all  other  revenues 
derived  from  the  turnpike,  except  such  part  thereof  as  may 
be  necessary  to  pay  such  cost  of  maintenance,  repair  and 
operation  and  to  provide  such  reserves  therefor  as  may  be 
provided  for  in  the  resolution  authorizing  the  issuance  of 
such  bonds  or  in  the  trust  agreement  securing  the  same, 
shall  be  set  aside  at  such  regular  intervals  as  may  be  pro- 
vided in  such  resolution  or  such  trust  agreement  in  a  sinking 
fund  which  is  hereby  pledged  to,  and  charged  with,  the  pay- 
ment of  the  principal  of  and  the  interest  on  such  bonds  as 
the  same  shall  become  due,  and  the  redemption  price  or  the 
purchase  price  of  bonds  retired  by  call  or  purchase  as  therein 


276  Acts,  1952. —  Chap.  354. 

provided.  Such  pledge  shall  be  valid  and  binding  from  the 
time  when  the  pledge  is  made;  the  tolls  or  other  revenues 
or  other  moneys  so  pledged  and  thereafter  received  by  the 
Authority  shall  immediately  be  subject  to  the  lien  of  such 
pledge  without  any  physical  delivery  thereof  or  further  act, 
and  the  lien  of  any  such  pledge  shall  be  valid  and  binding 
as  against  all  parties  having  claims  of  any  kind  in  tort,  con- 
tract or  otherwise  against  the  Authority,  irrespective  of 
whether  such  parties  have  notice  thereof.  Neither  the  reso- 
lution nor  any  trust  agreement  by  which  a  pledge  is  created 
need  be  filed  or  recorded  except  in  the  records  of  the  Author- 
ity. The  use  and  disposition  of  moneys  to  the  credit  of  such 
sinking  fund  shall  be  subject  to  the  provisions  of  the  resolu- 
tions authorizing  the  issuance  of  such  bonds  or  of  such  trust 
agreement.  Except  as  may  otherwise  be  provided  in  such 
resolution  or  such  trust  agreement,  such  sinking  fund  shall 
be  a  fund  for  all  such  bonds  without  distinction  or  priority 
of  one  over  another. 

Section  11.  Trust  Funds.  — All  moneys  received  pursu- 
ant to  the  authority  of  this  act,  whether  as  proceeds  from 
the  sale  of  bonds  or  as  revenues,  shall  be  deemed  to  be  trust 
funds  to  be  held  and  applied  solely  as  provided  in  this  act. 
The  resolution  authorizing  the  bonds  or  the  trust  agreement 
securing  such  bonds  shall  provide  that  any  officer  with  whom, 
or  any  bank  or  trust  company  with  which,  such  moneys  shall 
be  deposited  shall  act  as  trustee  of  such  moneys  and  shall 
hold  and  apply  the  same  for  the  purposes  hereof,  subject  to 
such  regulations  as  this  act  and  such  resolution  or  trust 
agreement  may  provide. 

Section  12.  Remedies.  —  Any  holder  of  bonds  issued 
under  the  provisions  of  this  act  or  any  of  the  coupons  apper- 
taining thereto,  and  the  trustee  under  any  trust  agreement, 
except  to  the  extent  the  rights  herein  given  may  be  restricted 
by  such  trust  agreement,  may,  either  at  law  or  in  equity, 
by  suit,  action,  mandamus  or  other  proceeding,  protect  and 
enforce  any  and  all  rights  under  the  laws  of  the  common- 
wealth or  granted  hereunder  or  under  such  trust  agreement 
or  resolution  authorizing  the  issuance  of  such  bonds,  and 
may  enforce  and  compel  the  performance  of  all  duties  re- 
quired by  this  act  or  by  such  trust  agreement  or  resolution 
to  be  performed  by  the  Authority  or  by  any  officer  thereof, 
including  the  fixing,  charging  and  collecting  of  tolls. 

Section  13.  Exemption  from  Taxation.  —  The  exercise 
of  the  powers  granted  by  this  act  will  be  in  all  respects  for 
the  benefit  of  the  people  of  the  commonwealth,  for  the 
increase  of  their  commerce  and  prosperity,  and  for  the 
improvement  of  their  health  and  living  conditions,  and  as 
the  operation  and  maintenance  of  the  turnpike  by  the  Au- 
thority will  constitute  the  performance  of  essential  govern- 
mental functions,  the  Authority  shall  not  be  required  to  pay 
any  taxes  or  assessments  upon  the  turnpike  or  any  property 
acquired  or  used  by  the  Authority  under  the  provisions  of 
this  act  or  upon  the  income  therefrom,  and  the  bonds  issued 


Acts,  1952. —  Chap.  354.  277 

under  the  provisions  of  this  act,  their  transfer  and  the  income 
therefrom  (including  any  profit  made  on  the  sale  thereof), 
shall  at  all  times  be  free  from  taxation  within  the  common- 
wealth. 

Section  14.  Bonds  Eligible  for  Investment.  —  Bonds 
issued  by  the  Authority  under  the  provisions  of  this  act 
are  hereby  made  securities  in  which  all  public  officers  and 
public  bodies  of  the  commonwealth  and  its  political  sub- 
divisions, all  insurance  companies,  trust  companies  in  their 
commercial  departments  and  within  the  limits  set  by  section 
forty  of  chapter  one  hundred  and  seventy-two  of  the  General 
Laws,  banking  associations,  investment  companies,  execu- 
tors, trustees  and  other  fiduciaries,  and  all  other  persons 
whatsoever  who  are  now  or  may  hereafter  be  authorized 
to  invest  in  bonds  or  other  obligations  of  a  similar  nature 
may  properly  and  legally  invest  funds,  including  capital 
in  their  control  or  belonging  to  them,  and  such  bonds  are 
hereby  made  obligations  which  may  properly  and  legally 
be  made  eligible  for  the  investment  of  savings  deposits  and 
the  income  thereof  in  the  manner  provided  by  clause  15  (c)  of 
section  fifty-four  of  chapter  one  hundred  and  sixty-eight  of 
the  General  Laws.  Such  bonds  are  hereby  made  securities 
which  may  properly  and  legally  be  deposited  with  and  re- 
ceived by  any  state  or  municipal  oflRicer  or  any  agency  or 
political  subdivision  of  the  commonwealth  for  any  purpose 
for  which  the  deposit  of  bonds  or  other  obligations  of  the 
commonwealth  is  now  or  may  hereafter  be  authorized  by 
law. 

Section  15.  Miscellaneous.  —  The  turnpike  when  con- 
structed and  open  to  traffic  shall  be  maintained  and  kept  in 
good  condition  and  repair  by  the  Authority.  The  turnpike 
shall  also  be  policed  and  operated  by  such  force  of  police, 
toll-takers  and  other  operating  employees  as  the  Authority 
may  in  its  discretion  employ. 

All  private  property  damaged  or  destroyed  in  carrying  out 
the  powers  granted  by  this  act  shall  be  restored  or  repaired 
and  placed  in  its  original  condition  as  nearly  as  practicable, 
or  adequate  compensation  made  therefor,  out  of  funds  pro- 
vided under  the  authority  of  this  act. 

All  counties,  cities,  towns  and  other  pohtical  subdivisions 
and  all  public  agencies  and  commissions  of  the  common- 
wealth, notwithstanding  any  contrary  provision  of  law,  are 
hereby  authorized  and  empowered  to  lease,  lend,  grant  or 
convey  to  the  Authority  at  its  request  upon  such  terms  and 
conditions  as  the  proper  authorities  of  such  counties,  cities, 
towns,  political  subdivisions,  agencies  or  commissions  of  the 
commonwealth  may  deem  reasonable  and  fair  and  without 
the  necessity  for  any  advertisement,  order  of  court  or  other 
action  or  formality,  other  than  the  regular  and  formal  action 
of  the  authorities  concerned,  any  real  property  which  may  be 
necessary  or  convenient  to  the  effectuation  of  the  authorized 
purposes  of  the  Authority,  including  public  roads  and  other 
real  property  already  devoted  to  public  use. 


278  Acts,  1952. —  Chap.  354. 

Until  the  turnpike  shall  have  become  a  part  of  the  state 
highway  system  under  the  provisions  of  section  seventeen  of 
this  act,  the  Authority  shall  be  liable  to  any  person  sustaining 
bodily  injury  or  damage  in  his  property  by  reason  of  a  de- 
fect or  want  of  repair  therein  or  thereupon  to  the  same  extent 
as  though  the  turnpike  were  a  way  within  the  meaning  of 
sections  fifteen,  eighteen  and  nineteen  of  chapter  eighty-four 
of  the  General  Laws,  and  shall  be  hable  for  the  death  of  any 
person  caused  by  such  defect  or  want  of  repair  to  the  same 
extent  as  is  provided  in  chapter  two  hundred  and  twenty- 
nine  of  the  General  Laws.  Any  notice  of  such  injury,  damage 
or  death  required  by  law  shall  be  given  to  any  member  of 
the  Authority  or  to  the  secretary-treasurer. 

Any  person  damaged  in  his  property  by  the  exercise  of 
any  of  the  powers  granted  by  this  act  may  recover  his  dam- 
ages from  the  Authority  under  chapter  seventy-nine  of  the 
General  Laws. 

On  or  before  the  thirtieth  day  of  January  in  each  year  the 
Authority  shall  make  an  annual  report  of  its  activities  for 
the  preceding  calendar  year  to  the  governor  and  to  the  gen- 
eral court.  Each  such  report  shall  set  forth  a  complete  oper- 
ating and  financial  statement  covering  its  operations  during 
the  year.  The  Authority  shall  cause  an  audit  of  its  books 
and  accounts  to  be  made  at  least  once  in  each  year  by  certi- 
fied public  accountants,  and  the  cost  thereof  may  be  treated 
as  a  part  of  the  cost  of  construction  or  operation  of  the  turn- 
pike. Such  audits  shall  be  deemed  to  be  public  records 
within  the  meaning  of  chapter  sixty-six  of  the  General  Laws. 

Section  16.  Turnpike  Revenue  Refunding  Bonds.  —  The 
Authority  is  hereby  authorized  to  provide  by  resolution  for 
the  issuance  of  turnpike  revenue  refunding  bonds  of  the 
Authority  for  the  purpose  of  refunding  any  bonds  then  out- 
standing which  shall  have  been  issued  under  the  provisions 
of  this  act,  including  the  payment  of  any  redemption  premium 
thereon  and  any  interest  accrued  or  to  accrue  to  the  date  of 
redemption  of  such  bonds,  and,  if  deemed  advisable  by  the 
Authority,  for  the  additional  purpose  of  constructing  any 
additional  portion  or  portions  of  the  turnpike  or  improve- 
ments, extensions,  or  enlargements  thereof.  The  issuance  of 
such  bonds,  the  maturities  and  other  details  thereof,  the 
rights  of  the  holders  thereof,  and  the  rights,  duties  and  ob- 
ligations of  the  Authority  in  respect  of  the  same,  shall  be 
governed  by  the  provisions  of  this  act  in  so  far  as  the  same 
may  be  applicable.  The  issuance  of  turnpike  revenue  bonds 
or  turnpike  revenue  refunding  bonds  under  the  provisions  of 
this  act  need  not  comply  with  the  requirements  of  any  other 
law  applicable  to  the  issuance  of  bonds. 

Section  17.  Transfer  to  Commonwealth.  —  When  all  bonds 
issued  under  the  provisions  of  this  act  and  the  interest  thereon 
shall  have  been  paid  or  a  suflBcient  amount  for  the  payment 
of  all  such  bonds  and  the  interest  thereon  to  the  maturity 
thereof  shall  have  been  set  aside  in  trust  for  the  benefit  of 
the  bondholders,  the  turnpike,  if  then  in  good  condition  and 


Acts,  1952. —  Chap.  354.  279 

repair  to  the  satisfaction  of  the  state  department  of  public 
works,  shall  become  part  of  the  state  highway  system  and 
shall  thereafter  be  maintained  and  operated  by  said  depart- 
ment free  of  tolls  as  may  be  provided  by  law,  and  thereupon 
the  Authority  shall  be  dissolved  and  all  funds  of  the  Au- 
thority not  required  for  the  payment  of  the  bonds  and  of  the 
interest  thereon  shall  be  paid  into  the  treasury  of  the  com- 
monwealth for  the  credit  of  the  Highway  Fund  and  all  ma- 
chinery, equipment,  and  other  property  belonging  to  the 
Authority  shall  be  vested  in  the  commonwealth  and  delivered 
to  the  state  department  of  public  works. 

Section  18.  Preliminary  Expenses.  —  To  provide  for  the 
preliminary  expenses  of  the  Authority  in  carrying  out  the 
provisions  of  this  act  the  sum  of  five  hundred  thousand  dol- 
lars is  hereby  appropriated  from  the  Highway  Fund,  which 
sum  shall  be  paid  to  the  Authority  and,  simultaneously  with 
the  delivery  of  the  bonds,  the  sum  so  paid  shall  be  reimbursed 
by  the  Authority  to  the  commonwealth  for  the  credit  of  the 
Highway  Fund  out  of  the  proceeds  of  any  bonds  which  may 
be  issued  by  the  Authority  under  the  provisions  of  this  act. 

The  Authority  is  hereby  authorized  and  directed  to  make 
such  surveys  and  studies  of  the  turnpike  as  may  be  necessary 
to  effect  the  financing  authorized  by  this  act  at  the  earliest 
practicable  time,  and  for  this  purpose  to  employ  such  con- 
sulting engineers,  traffic  engineers,  legal  and  financial  experts 
and  such  other  employees  and  agents  as  it  may  deem  neces- 
sary. To  effect  the  purposes  of  this  act  the  state  department 
of  public  works  shall  make  available  to  the  Authority  all 
data  in  the  possession  of  the  department  which  may  be  useful 
to  the  Authority  in  making  such  surveys  and  studies  and 
the  department  may  furnish  such  assistance  in  making  in- 
vestigations and  in  preparing  designs  for  the  turnpike  project 
as  may  be  agreed  upon  between  the  department  and  the 
Authority,  the  cost  of  such  surveys  and  expenses  incurred 
by  the  department  to  be  paid  by  the  Authority. 

Section  19.  Act  Liberally  Construed.  —  This  act,  being 
necessary  for  the  welfare  of  the  commonwealth  and  its  in- 
habitants, shall  be  liberally  construed  to  effect  the  purposes 
thereof. 

Section  20.  Constitutional  Construction.  —  The  provi- 
sions of  this  act  are  severable,  and  if  any  of  its  provisions 
shall  be  held  unconstitutional  by  any  court  of  competent 
jurisdiction,  the  decision  of  such  court  shall  not  affect  or 
impair  any  of  the  remaining  provisions. 

Section  21.  Inconsistent  Laws  Inapplicable.  —  All  other 
general  or  special  laws,  or  parts  thereof,  inconsistent  here- 
with are  hereby  declared  to  be  inapplicable  to  the  provisions 
of  this  act.  Approved  May  23,  1952. 


280 


Acts,  1952.  — Chaps.  355,  356,  357. 


Chap.S55  An  Act  relative  to  the  transfer  of  certificates,  li- 
censes  AND    PERMITS    ISSUED    TO    CERTAIN    COMMON    CAR- 


RIERS. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.).  159A, 
§  7A,  etc., 
amended. 

Transfer  of 
certificates 
of  public 
convenienc, 
etc. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  make  its  provisions  effective 
forthwith,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  pubUc 
convenience. 
Be  it  enacted,  etc.,  as  follows: 

Section  7 A  of  chapter  159 A  of  the  General  Laws  is  hereby 
amended  by  striking  out  the  first  sentence,  as  appearing  in 
chapter  449  of  the  acts  of  1949,  and  inserting  in  place  thereof 
the  following  sentence :  —  Any  certificate  of  public  conven- 
ience and  necessity  granted  by  the  department  pursuant  to 
section  seven  and  chapter  three  hundred  and  seventy-eight 
of  the  acts  of  nineteen  hundred  and  forty-seven  and  any 
hcense  or  permit  granted  pursuant  to  sections  one,  three  and 
eleven  A,  may  be  assigned  and  transferred  in  whole  or  in 
part,  with  the  approval  and  consent  of  the  department,  after 
a  public  hearing,  at  which  hearing  it  shall  be  established  to 
the  satisfaction  of  the  department  that  the  proposed  transfer 
and  assignment  are  consistent  with  the  public  interest,  pro- 
vided, however,  that  no  certificate,  license  or  permit  shall  be 
transferred  except  in  connection  with  the  bona  fide  sale  to 
the  transferee  of  the  business  of  the  transferor  theretofore 
conducted  in  connection  with  the  certificate,  permit  and  li- 
cense or  any  part  thereof  sought  to  be  transferred. 

Approved  May  2S,  1952. 

Chap.SdQ  An  Act  authorizing  the  city  of  salem  to  pay  certain 

COMPENSATION  TO  THE  WIDOW   OF  FRANCIS  M.    GRIFFIN,   A 
FORMER  MEMBER  OF  THE  CITY  COUNCIL  OF  SAID  CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  promoting  the  public 
good,  the  city  of  Salem  is  hereby  authorized  to  appropriate 
and  pay  to  the  widow  of  Francis  M.  Griffin,  who  died  while 
a  member  of  the  present  city  council  of  said  city,  the  balance 
of  the  salary  to  which  he  would  have  been  entitled  for  the 
current  term  for  which  he  was  elected  had  he  lived  and  con- 
tinued to  serve  in  said  council  until  the  end  of  said  term. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  23,  1952. 

Chap. 357  An  Act  relative  to  the  acquisition  by  the  department 

OF    conservation    of    land    adjacent    to    the    ASHLAND 
STATE    PARK   IN    THE   TOWN    OF   ASHLAND. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  607  of  the  acts  of  1951  is  hereby 
amended  by  striking  out  section  3  and  inserting  in  place 
thereof  the  following  section :  —  Section  3.  For  the  purposes 
of  this  act  there  may  be  expended  from  the  amoimt  appro- 


Acts,  1952.  —  Chap.  358.  281 

priated  in  Item  4018-00  of  section  two  of  chapter  eight  hun- 
dred and  twenty-five  of  the  acts  of  nineteen  hundred  and 
fifty  a  sum  not  exceeding  ten  thousand,  seven  hundred  and 
ten  dollars. 

Section  1A.  Said  chapter  607  of  the  acts  of  1951  is  hereby 
further  amended  by  inserting  after  section  3  the  following 
section :  —  Section  \.  For  the  purposes  of  this  act  the  time 
within  which  expenditures  may  be  made  from  the  unexpended 
balance  of  the  amount  appropriated  in  Item  4018-00  of  sec- 
tion two  of  chapter  eight  hundred  and  twenty-five  of  the 
acts  of  nineteen  hundred  and  fifty  is  hereby  extended  to  and 
including  June  thirtieth,  nineteen  hundred  and  fifty-three. 

Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  Maij  23,  1952. 

An  Act  to  authorize  children's  aid  association,  inc.,  Chav-^^^ 

THE  church  home  SOCIETY  FOR  THE  CARE  OF  CHILDREN 
OF  THE  PROTESTANT  EPISCOPAL  CHURCH  AND  JUDGE  BAKER 
GUIDANCE  CENTER  TO  FORM  AN  ALLIANCE  FOR  THE  PUR- 
POSE OF  ESTABLISHING,  MAINTAINING  AND  OPERATING  IN 
COMMON   A   CHILD    CARE    CENTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Children's  Aid  Association,  Inc.,  The  Church 
Home  Society  for  the  Care  of  Children  of  the  Protestant 
Episcopal  Church  and  Judge  Baker  Guidance  Center,  three 
charitable  corporations  organized  and  existing  under  the 
laws  of  Massachusetts,  and  such  other  charitable  corpora- 
tions heretofore  or  hereafter  organized  under  said  laws  as  may 
be  mutually  agreed  upon,  in  furtherance  of  their  respective 
corporate  purposes,  are  hereby  authorized  and  empowered 
to  form  an  alliance  for  and  otherwise  co-operate  in  estab- 
lishing, maintaining  and  operating  a  child  care  center,  and 
to  render  mutual  services  and  operate  one  or  more  buildings 
in  common  in  connection  with  such  child  care  center. 

Section  2.  Said  corporations  are  hereby  authorized  and 
empowered  to  enter  into  such  mutual  agreement  or  agree- 
ments, to  take  such  other  action,  and  to  acquire  and  hold, 
either  separately,  jointly  or  as  tenants  in  common,  such  real 
and  personal  property  as  they  may  respectively  deem  neces- 
sary or  desirable  for  the  accomplishment  of  the  objects  set 
forth  in  section  one;  provided,  however,  that  none  of  said 
corporations  shall  exceed  the  limits  imposed  by  law  upon 
the  amount  of  property  which  each  may  acquire  and  hold, 
and  for  the  purpose  of  computing  said  limits  each  of  said 
corporations  shall,  in  the  absence  of  an  agreement  between 
them  to  the  contrary,  be  considered  as  holding  an  equal  part 
of  any  property  owned  jointly  or  in  common  as  aforesaid; 
and  said  corporations  respectively  are  hereby  further  au- 
thorized and  empowered  to  expend  such  of  their  funds,  not 
restricted  to  other  purposes,  as  they  may  respectively  deem 
necessary  or  desirable  to  accomplish  any  of  the  objects  set 
forth  in  this  act. 


282  Acts,  1952.  —  Chaps.  359,  360. 

Section  3.  Any  personal  property  from  time  to  time 
held  by  said  corporations  as  provided  in  this  act,  and  any 
real  property  so  held,  in  so  far  as  such  real  property  shall  be 
occupied  by  any  one  or  more  of  said  corporations  or  their 
officers  for  the  objects  set  forth  in  this  act,  shall  be  consid- 
ered for  the  purposes  of  taxation  as  property  of  the  kind 
described  in  paragraph  Third  of  section  five  of  chapter  fifty- 
nine  of  the  General  Laws  irrespective  of  whether  such  prop- 
erty shall  be  so  held  separately,  jointly  or  as  tenants  in 
common. 

Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  May  23,  1952. 

Chap.d59  An  Act  to  permit  cities  to  use  certain  currently 

AVAILABLE  FUNDS  TO  REDUCE  TAX  RATES  THEREIN  FOR 
THE  CURRENT  YEAR. 

Emergency  Wherctts,   The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose  which  cannot  be  accomplished  unless 
it  shall  take  effect  upon  its  passage,  therefore  it  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  immedi- 
ate preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

In  cities  in  the  calendar  year  of  1952  in  determining  the 
amount,  of  available  funds  which  the  assessors  may  be  re- 
quired to  deduct  under  the  provisions  of  clauses  (6)  and  (c) 
of  section  twenty-three  of  chapter  fifty-nine  of  the  General 
Laws,  as  most  recently  amended  by  section  seven  of  chapter 
seven  hundred  and  ninety-eight  of  the  acts  of  nineteen  hun- 
dred and  fifty-one,  such  funds  shall  constitute  the  amounts 
certified  by  the  director  of  accounts  as  available  on  January 
first,  nineteen  hundred  and  fifty-two,  in  accordance  with  the 
further  provisions  of  said  section,  together  with  the  total  of 
the  real,  personal  or  poll  taxes  of  prior  years  collected  be- 
tween said  January  first  and  the  last  day  of  the  month  pre- 
ceding the  month  in.  which  the  tax  rate  is  determined,  but 
in  no  event  later  than  April  thirtieth,  nineteen  hundred  and 
fifty-two. 

The  auditor  or  similar  accounting  ofiicer  in  each  city  shall 
certify  as  soon  as  may  be  to  the  board  of  assessors  the  total 
real,  personal  or  poll  taxes  of  prior  years  collected  from 
January  first,  nineteen  hundred  and  fifty-two,  up  to  and 
including  April  thirtieth,  nineteen  hundred  and  fifty-two. 

Approved  May  23,  1952. 

Chap.S60  A.N  Act  making  appropriations  for  the  maintenance  of 

CERTAIN  counties,  FOR  INTEREST  AND  DEBT  REQUIRE- 
MENTS, FOR  CERTAIN  PERMANENT  IMPROVEMENTS,  AND 
GRANTING  A  COUNTY  TAX  FOR  SAID  COUNTIES. 

pr'^ambi"^^  Wherctts,   The  deferred  operation  of  this  act  would  result 

in  unnecessarily  extending  the  period  during  which  county 


Acts,  1952.  — Chap.  360. 


283 


expenditures  would  be  made  in  anticipation  of  appropriation, 
therefore  it  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public  con- 
venience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  following  sums  are  hereby  appropriated 
for  the  counties  hereinafter  specified  for  the  year  nineteen 
hundred  and  fifty-two.  No  direct  drafts  against  the  account 
known  as  the  reserve  fund  shall  be  made,  but  transfers  from 
this  account  to  other  accounts  may  be  made  to  meet  ex- 
traordinary or  unforeseen  expenditures  upon  the  request  of 
the  county  commissioners  and  with  the  approval  of  the  di- 
rector of  accounts. 


Barnstable  County. 

Item 

1.  For  interest  on  county  debt        ....  $7,125  00 

2.  For  reduction  of  county  debt      ....  38,184  70 

3.  For  county  commissioners,  salaries  and  expenses  .  15,725  00 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .          .          .          .          .  1,000  00 

5.  For  clerk  of  courts,  salaries  and  expenses     .          .  16,413  50 

6.  For  county  treasurer,  salaries  and  expenses           .  13,880  00 

7.  For  sheriff,  salary  and  expenses  ....  8,935  00 

8.  For  registries  of  deeds  and  probate,  salaries  and 

expenses 94,454  22 

9.  For  law  libraries,  salaries  and  expenses         .  1,910  00 
10.     For  highways,  including  state  highways,  bridges 

and  land  damages           .....  121,583  64 

12.  For  criminal  costs  in  superior  court     .          .          .  22,967  00 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and  land   courts,   including  auditors, 

masters  and  referees       .....  16,050  00 

14.  For  district  courts,  salaries  and  expenses      .          .  49,652  75 

15.  For  medical  examiners  and  commitments  of  insane  3,000  00 

16.  For  jails  and  houses  of  correction,  maintenance  and 

operation 110,130  00 

17.  For  training  school    ......  500  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation        .....  19,530  05 
20.     For  county  aid  to  agriculture,  maintenance  and 

operation       .......  33,565  00 

22.  For  hospital  or  sanatorium          ....  300,000  00 

23.  For  county  health  service  .....  25,366  55 

24.  For  non-contributory  pensions    ....  1,151  29 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  7,090  22 

26.  For  miscellaneous  and  contingent  expenses  .          .  11,000  00 

27.  For  unpaid  bills  of  previous  years        .         .         .  500  00 

28.  For  reserve  fund                  .          .          .          .          .  10,000  00 

29.  For  advertising  recreational  advantages  of  the 

county 20,000  00 

30.  For  state  fire  patrol 3,600  00 

31.  For  maintenance  forest  fire  apparatus         .          .  1,000  00 

32.  For  police  training  school  and  bureau  of  criminal 

identification 11,030  00 

33.  For  police  radio  station 25,800  00 

33a.  For  National  Convention  of  County  Officials  in 

1953 125  00 


284 


Acts,  1952.  —  Chap.  360. 


Item 

34a.  For  court  house  parking  area      ....  $3,000  00 

And  the  county  commissioners  of  Barnstable 
county  are  hereby  authorized  to  levy  as  the 
county  tax  of  said  county  for  the  current  year, 
in  the  manner  provided  by  law,  the  following 
sum  to  be  expended,  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from  other  sources, 
for  the  above  purposes $720,170  02 


Berkshire  County. 

1.     For  interest  on  county  debt 

3.  For  county  commissioners,  salaries  and  expenses 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .... 

5.  For  clerk  of  courts,  salaries  and  expenses 

6.  For  county  treasurer,  salaries  and  expenses 

7.  For  sheriff,  salary  and  expenses 

8.  For  registries  of  deeds  and  probate,  salaries  and 

expenses"        ...... 

9.  For  law  libraries,  salaries  and  expenses 

10.  For  highways,  including  state  highways,  bridges 

and  land  damages  .... 

11.  For  examination  of  dams  .... 

12.  For  criminal  costs  in  superior  court     . 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate  and   land   courts,   including  auditors, 
masters  and  referees        .... 

14.  For  district  courts,  salaries  and  expenses 

15.  For  medical  examiners  and  commitments  of  insane 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation         ..... 

17.  For  training  school    ..... 

18.  For  court  houses  and  registry  buildings,  mainte 

nance  and  operation  .... 
20.     For  county  aid  to  agriculture,  maintenance  and 

operation       ...... 

21a.  For  state  reservation,  maintenance  and  operation 

Mount  Greylock  ..... 
21b.  For  state  reservation,  maintenance  and  operation 

Mount  Everett  ..... 
22.     For  hospital  or  sanatorium 

25.  For  contributory  retirement  systems  and  super 

visory  expenses      ..... 

26.  For  miscellaneous  and  contingent  expenses  . 

27.  For  unpaid  bills  of  previous  years 

28.  For  reserve  fund        ..... 

29.  For  advertising  recreational   advantages  of   the 

county  ..... 

30.  For  forest  development  in  co-operation  with  the 

state     ....... 

32.     For  Dutch  elm  disease        .... 

33a.  For  National  Convention  of  County  Officials  in 
1953 

34.  For  forest  fire  apparatus  and  six  months'  mainte- 
nance ........ 

And  the  county  commissioners  of  Berkshire  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be 
expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for 
the  above  purposes         ..... 


$1,165  77 

15,395  00 

700  00 

19,427  00 

9,865  00 

6,205  00 

63,853  00 

6,881  00 

151,355  00 

200  00 

20,465  00 


20,660  00 

98,157  00 

8,000  00 

87,771  17 
1,500  00 

42,082  00 

40,765  00 

27,370  00 

3,575  00 
67,288  89 

11,237  42 

2,300  00 

984  23 

6,000  00 

10,000  00 

1,891  25 
10,000  00 

175  00 

3,000  00 


$585,349  60 


Acts,  1952.  — Chap.  360. 


285 


Bristol  County. 

Item 

1.  For  interest  on  county  debt        ....  $9,750  00 

2.  For  reduction  of  county  debt      ....  25,000  00 

3.  For  county  commissioners,  salaries  and  expenses  .  14,000  00 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .....  1,500  00 

5.  For  clerk  of  courts,  salaries  and  expenses     .          .  51,910  00 

6.  For  county  treasurer,  salaries  and  expenses           .  32,280  00 

7.  For  sheriff,  salary  and  expenses  ....  8,000  00 

8.  For  registries  of  deeds  and  probate,  salaries  and 

expenses 188,946  12 

9.  For  law  libraries,  salaries  and  expenses  .  20,000  00 
10.     For  highways,  including  state  highways,  bridges 

and  land  damages  .....  163,250  00 

12.  For  criminal  costs  in  superior  court     .  .  .  90,000  00 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and  land   courts,   including  auditors, 

masters  and  referees        .....  85,000  00 

14.  For  district  courts,  salaries  and  expenses      .  .  207,500  00 

15.  For  medical  examiners  and  commitments  of  insane  27,000  00 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation 171,125  00 

17.  For  training  school 5,000  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation        .....  188,460  00 

19.  For  construction  of  county  buildings  and/or  pur- 

chase of  land  (Agricultural  School)  .  .  .  1,000  00 

20.  For  agricultural  school,  maintenance  and  opera- 

tion       275,834  25 

24.  For  non-contributory  pensions    ....  11,515  00 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  25,662  63 

26.  For  miscellaneous  and  contingent  expenses  .          .  10,000  00 

27.  For  unpaid  bills  of  previous  years        .         .         .  2,500  00 

28.  For  reserve  fund 10,000  00 

29.  For  county  forest  fire  patrol        ....  7,200  00 
33a.  For  National  Convention  of  County  Officials  in 

1953 500  00 

And  the  county  commissioners  of  Bristol  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be 
expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for 
the  above  purposes         .....     $1,211,830  80 


Dukes  County. 

1.  For  interest  on  county  debt 

2.  For  reduction  of  county  debt 

3.  For  county  commissioners,  salaries  and  expenses 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .... 

5.  For  clerk  of  courts,  salaries  and  expenses     . 

6.  For  county  treasurer,  salaries  and  expenses 

7.  For  sheriff,  salary  and  expenses  . 

8.  For  registries  of  deeds  and  probate,  salaries  and 

expenses        .  .  .  . 

9.  For  law  libraries,  salaries  and  expenses 
10.     For  highways,  including  state  highways,  bridges 

and  land  damages  .... 

12.     For  criminal  costs  in  superior  court     . 


$350  00 

11,995  20 

5,250  00 

450  00 

7.100  00 

2,975  00 

3,000  00 

10,280  00 

475  00 

15,000  00 

3,000  00 


286 


Acts,  1952. —Chap.  360. 


Item 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate  and  land   courts,   including   auditors, 

masters  and  referees       .....  $2,000  00 

14.  For  district  courts,  salaries  and  expenses      .  .  12,100  00 

15.  For  medical  examiners  and  commitments  of  insane  500  00 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation         ......  8,870  00 

18.  For  court  houses  and  registry  buildings,  mainte- 
nance and  operation        .....  4,500  00 

20.     For  county  aid  to  agriculture,  maintenance  and 

operation 12,720  00 

21a.  For  state  reservation,  maintenance  and  operation, 

Gay  Head 600  00 

21b.  For  state  reservation,  Indian  burial  ground  .  400  00 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  633  05 

26.  For  miscellaneous  and  contingent  expenses  .          .  2,400  00 

27.  For  unpaid  bills  of  previous  years                            .  1,500  00 

28.  For  reserve  fund 1,500  00 

29.  For  advertising  recreational   advantages  of  the 

county 10,000  00 

30.  For  county  rodent  control           ....  5,000  00 

31.  For  county  airport,  maintenance  and  operation    .  31,035  40 

32.  For  woodtick  control 1,500  00 

33a.  For  National  Convention  of  County  Officials  in 

1953 25  00 

And  the  county  commissioners  of  the  county  of 
Dukes  county  are  hereby  authorized  to  levy  as 
the  county  tax  of  said  count}''  for  the  current 
year,  in  the  manner  provided  by  law,  the  follow- 
ing sum  to  be  expended,  together  with  the  cash 
balance  on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes        .  $118,226  81 

Essex  County. 

1.  For  interest  on  county  debt        ....  $23,839  50 

2.  For  reduction  of  county  debt      ....  158,893  40 

3.  For  county  commissioners,  salaries  and  expenses  .  31,800  00 

4.  For  transportation  and  expenses  of  county  and  act- 

ing commissioners           .....  1,500  00 

5.  For  clerk  of  courts,  salaries  and  expenses     .          .  76,800  00 

6.  For  county  treasurer,  salaries  and  expenses           .  34,950  00 

7.  For  sheriff,  salary  and  expenses  8,025  00 

8.  For  registries  of  deeds  and  probate,  salaries  and 

expenses 317,920  00 

9.  For  law  libraries,  salaries  and  expenses         .  .  17,325  00 
10.     For  highways,  including  state  highways,  bridges 

and  land  damages 306,250  00 

12.  For  criminal  costs  in  superior  court  98,440  00 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and   land   courts,   including  auditors, 

masters  and  referees       .  .  .  .  120,750  00 

14.  For  district  courts  and  trial  justices,  salaries  and 

expenses        .......  353,650  00 

15.  For  medical  examiners  and  commitments  of  insane  28,000  00 

16.  For  jaUs  and  houses  of  correction,  maintenance  and 

operation 195,900  00 

17.  For  training  school 161,400  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation        .....  153,255  00 
20.     For  agricultural  school,  maintenance  and  opera- 
tion        444,828  00 

24.  For  non-contributory  pensions    ....  23,900  00 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  56,005  97 


Acts,  1952. —  Chap.  360. 


287 


Item 

26. 

27. 

28. 

29. 

30. 

33a. 


For  miscellaneous  and  contingent  expenses 

For  unpaid  bills  of  previous  years 

For  reserve  fund        .... 

For  forest  development 

For  fire  patrol  ..... 

For  National  Convention  of  County  Officials  in 
1953 

And  the  county  commissioners  of  Essex  county  are 
hereby  authorized  to  levy  as  the  county  tax  of 
said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  following  sum  to  be  ex- 
pended, together  with  the  cash  balance  on  hand 
and  the  receipts  from  other  sources,  for  the 
above  purposes      ...... 


$19,385  16 

3,000  00 

15,000  00 

1,500  00 

3,800  00 

700  00 


$2,042,500  00 


Franklin  County. 
1.     For  interest  on  county  debt         ....  $1,00000 

3.  For  county  commissioners,  salaries  and  expenses  .  10,900  00 

4.  For  transportation  and  expenses  of  county  and  act- 

ing commissioners  .....  300  00 

5.  For  clerk  of  courts,  salaries  and  expenses  .  13,000  00 

6.  For  county  treasurer,  salaries  and  expenses  10,220  00 

7.  For  sheriff,  salary  and  expenses  .  .  .  4,600  00 

8.  For  registries  of  deeds  and  probate,  salaries  and 

expenses 23,140  00 

9.  For  law  libraries,  salaries  and  expenses  5,500  00 

10.  For  highways,  including  state  highways,  bridges 

and  land  damages  .....  83,000  00 

11.  For  examination  of  dams   .....  400  00 

12.  For  criminal  costs  in  superior  court  .  .  9,000  00 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate  and  land  courts,   including  auditors, 

masters  and  referees        .....  10,800  00 

14.  For  district  courts,  salaries  and  expenses      .  .  31,950  00 

15.  For  medical  examiners  and  commitments  of  insane  2,500  00 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation 44,700  00 

17.  For  training  school 200  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation        .....  19,440  00 

20.  For  county  aid  to  agriculture,  maintenance  and 

operation       .......  39,515  00 

21.  For  state  reservation,  maintenance  and  operation, 

Mount  Sugar  Loaf 4,000  00 

22.  For  hospital  or  sanatorium  .  48,113  28 

23.  For    preventorium,     health    service,     Greenfield 

Health  Camp 2,000  00 

24.  For  non-contributory  pensions    ....  1,004  70 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  6,604  69 

26.  For  miscellaneous  and  contingent  expen-ses  .  .  1,838  64 

27.  For  unpaid  bills  of  previous  years        .  .  .  700  00 

28.  For  reserve  fund 5,000  00 

29.  For  advertising  recreational  advantages  of  the 

county 3,500  00 

33a.  For  National  Convention  of  County  Officials  in 

1953 100  00 

And  the  county  commissioners  of  FrankHn  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be  ex- 
pended, together  with  the  cash  balance  on  hand 
and  the  receipts  from  other  sources,  for  the 
above  purposes $317,284  25 


288 


Acts,  1952. —  Chap.  360. 


Hampden  Countt. 

Item 

1.  For  interest  on  county  debt        ....  $9,000  00 

2.  For  reduction  of  county  debt      ....  36,000  00 

3.  For  county  commissioners,  salaries  and  expenses  .  20,080  00 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .....  800  00 

5.  For  clerk  of  courts,  salaries  and  expenses     .          .  55,030  00 

6.  For  county  treasurer,  salaries  and  expenses  .          .  19,855  00 

7.  For  sheriff,  salary  and  expenses  ....  8,500  00 

8.  For  registries  of  deeds  and  probate,  salaries  and 

expenses        .......         145,646  50 

9.  For  law  libraries,  salaries  and  expenses         .         .  20,180  00 

10.  For  highways,  including  state  highways,  bridges 

and  land  damages 193,000  00 

11.  For  examination  of  dams  .....  3,600  00 

12.  For  criminal  costs  in  superior  court               .          .  47,444  05 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and  land   courts,   including  auditors, 

masters  and  referees       .  .  .  .  .  93,100  00 

14.  For  district  courts  and  trial  justices,  salaries  and 

expenses        .......  293,360  03 

15.  For  medical  examiners  and  commitments  of  insane  18,000  00 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation 178,000  00 

17.  For  training  school 71,200  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation        .....  99,875  00 

20.  For  county  aid  to  agriculture,  maintenance  and 

operation       .......  84,164  00 

21.  For  state  reservation,  maintenance  and  operation, 

Mount  Tom 26,000  00 

23.  For  preventorium,  health  service          .          .          .  3,000  00 

24.  For  non-contributory  pensions    ....  24,992  00 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  28,042  13 

26.  For  miscellaneous  and  contingent  expenses  .          .  9,382  48 

27.  For  unpaid  bills  of  previous  years        .          .          .  2,000  00 

28.  For  reserve  fund 15,000  00 

29.  For  advertising  recreational  advantages  of  the 

county 3,500  00 

30.  For  Dutch  elm  disease 5,000  00 

33a.  For  National  Convention  of  County  Officials  in 

1953 550  00 

And  the  county  commissioners  of  Hampden  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be 
expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for 
the  above  purposes         .....    $1,160,891  65 


Hampshire  County. 

1.     For  interest  on  county  debt 

3.  For  county  commissioners,  salaries  and  expenses 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .... 

5.  For  clerk  of  courts,  salaries  and  expenses     . 

6.  For  county  treasurer,  salaries  and  expenses 

7.  For  sheriff,  salary  and  expenses 

8.  For  registries  of  deeds  and  probate,  salaries  and 

expenses        ...... 

9.  For  law  libraries,  salaries  and  expenses 


$1,800  00 
10,900  00 

400  00 

18,800  00 

14,572  00 

4,900  00 

36,175  00 
4,500  00 


Acts,  1952. —  Chap.  360. 


289 


Item 

10.  For  highways,  including  state  highways,  bridges 

and  land  damages  ..... 

11.  For  examination  of  dams  .  .  .  .  . 

12.  For  criminal  costs  in  superior  court 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate  and  land   courts,   including  auditors, 
masters  and  referees       ..... 

14.  For  district  courts,  salaries  and  expenses     . 

15.  For  medical  examiners  and  commitments  of  insane 

16.  For  jails  and  houses  of  correction,  maintenance  and 

operation       ....... 

18.     For  court  houses  and  registry  buildings,  mainte- 
nance and  operation        ..... 

20.  For  county  aid  to  agriculture,  maintenance  and 

operation       ....... 

21.  For  state  reservation,  maintenance  and  operation 

22.  For  hospital  or  sanatorium  .... 

23.  For  preventorium,  health  service 

24.  For  non-contributory  pensions    .... 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ...... 

26.  For  miscellaneous  and  contingent  expenses  . 

27.  For  unpaid  bills  of  previous  years 

28.  For  reserve  fund        ...... 

29.  For  advertising  recreational   advantages  of  the 

county  ....... 

33a.  For  National  Convention  of  County  OflBcials  in 
1953 

And  the  county  commissioners  of  Hampshire 
county  are  hereby  authorized  to  levy  as  the 
county  tax  of  said  county  for  the  current  year, 
in  the  manner  provided  by  law,  the  following 
sum  to  be  expended,  together  with  the  cash 
balance  on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes 


$95,500  00 

500  00 

19,000  00 


18,900  00 
53,348  00 
10,500  00 

74,205  00 

33,300  00 

42,355  00 

5,350  00 

112,752  31 

1,000  00 

2,738  85 

5,913  58 

1,500  00 

200  00 

7,500  00 

3,500  00 

100  00 


$460,356  96 


Middlesex  County. 

1.     For  interest  on  county  debt        ....  $9,750  00 

3.  For  county  commissioners,  salaries  and  expenses  .  37,700  00 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .....  2,000  00 

5.  For  clerk  of  courts,  salaries  and  expenses     .          .  144,220  00 

6.  For  county  treasurer,  salaries  and  expenses           .  45,865  00 

7.  For  sheriff,  salary  and  expenses  ....  9,500  00 

8.  For  registries  of  deeds  and  probate,  salaries  and 

expenses 620,275  00 

8a.  For  classified  and  consolidated  indices,  southern 

registry  of  deeds 30,000  00 

9.  For  law  libraries,  salaries  and  expenses         .  .  32,675  00 
10.     For  highways,  including  state  highways,  bridges 

and  land  damages 519,882  00 

12.  For  criminal  costs  in  superior  court  .  270,000  00 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and   land   courts,   including  auditors, 

masters  and  referees       .....  350,465  00 

14.  For  district  courts  and  trial  justices,  salaries  and 

expenses 779,425  00 

15.  For  medical  examiners  and  commitments  of  insane  60,000  00 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation         ......  652,950  00 

17.  For  training  school 187,100  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation        .....  407,825  00 


290 


Acts,  1952. —  Chap.  360. 


Item 

19.  For  construction  of  county  buildings  and/or  pur- 

chase of  land $50,000  00 

20.  For  county  aid  to  agriculture,  maintenance  and 

operation 93,000  00 

21.  For  state  reservation,  maintenance  and  operation, 

Walden  Pond 61,000  00 

24.  For  non-contributory  pensions    ....  56,000  00 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  80,740  00 

26.  For  miscellaneous  and  contingent  expenses  .  .  9,100  00 

27.  For  unpaid  bills  of  previous  years        .         .         .  6,500  00 

28.  For  reserve  fund 20,000  00 

33a.  For  National  Convention  of  County  Officials  in 

1953 1,500  00 

And  the  county  commissioners  of  Middlesex 
county  are  hereby  authorized  to  levy  as  the 
county  tax  of  said  county  for  the  current  year, 
in  the  manner  provided  by  law,  the  following 
sum  to  be  expended,  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes 

Norfolk  County. 

1.  For  interest  on  county  debt 

2.  For  reduction  of  county  debt 

3.  For  county  commissioners,  salaries  and  expenses 

4.  For  transportation  and  expenses  ot  county  and 

acting  commissioners      .... 

5.  For  clerk  of  courts,  salaries  and  expenses     . 

6.  For  county  treasurer,  salaries  and  expenses 

7.  For  sheriff,  salary  and  expenses  . 

8.  For  registries  of  deeds  and  probate,  salaries  and 

expenses        ...... 

9.  For  law  libraries,  salaries  and  expenses 
10.     For  highways,  including  state  highways,  bridges 

and  land  damages  .... 

12.  For  criminal  costs  in  superior  court     . 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate  and  land   courts,   including   auditors, 
masters  and  referees        ..... 

14.  For  district  courts,  salaries  and  expenses 

15.  For  medical  examiners  and  commitments  of  insane 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation         ..... 

17.  For  training  school    ..... 

18.  For  court  houses  and  registry  buildings,  mainte 

nance  and  operation        .... 
20.     For  agricultural  school,  maintenance  and  opera 
tion      ....... 

24.  For  non-contributory  pensions    . 

25.  For  contributory  retirement  systems,  and  super- 

visory expenses      ..... 

26.  For  miscellaneous  and  contingent  expenses  . 

27.  For  unpaid  bills  of  previous  years 

28.  For  reserve  fund        ..... 
33a.  For  National  Convention  of  County  Officials  in 

1953 

And  the  county  commissioners  of  Norfolk  coimty 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be 
expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for 
the  above  purposes $1,200,728  74 


$3,548,695  13 


$9,300  00 
42,000  00 
19,000  00 

750  00 

40,750  00 

23,500  00 

7,700  00 

257,500  00 
4,500  00 

210,000  00 
81,000  00 


74,000  00 

298,300  00 

26,500  00 

148,000  00 
22,500  00 

140,400  00 

240,170  00 
21,500  00 

29,121  12 
6,500  00 
2,500  00 

15,000  00 

700  00 


Acts,  1952. —  Chap.  360. 


291 


Plymouth  Countt. 

Item 

1.  For  interest  on  county  debt        ....  $4,277  50 

2.  For  reduction  of  county  debt      ....  55,484  71 

3.  For  county  commissioners,  salaries  and  expenses    .  21,395  00 

4.  For  transportation  and  expenses  of  county  and  act- 

ing commissioners           .....  1,500  00 

5.  For  clerk  of  courts,  salaries  and  expenses     .         .  34,162  50 

6.  For  county  treasurer,  salaries  and  expenses           .  14,603  75 

7.  For  sheriff,  salary  and  expenses           .         .         .  7,695  00 

8.  For  registries  of  deeds  and  probate,  salaries  and 

expenses 126,140  00 

9.  For  law  libraries,  salaries  and  expenses         .  8,560  00 

10.  For  highways,  including  state  highways,  bridges 

and  land  damages 207,520  00 

11.  For  examination  of  dams  .....  1,500  00 

12.  For  criminal  costs  in  superior  court              .         .  88,725  00 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and  land   courts,   including  auditors, 

masters  and  referees       .....  58,600  00 

14.  For  district  courts,  salaries  and  expenses  .  154,851  00 

15.  For  medical  examiners  and  commitments  of  insane  12,375  00 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation 201,000  00 

17.  For  training  school 2,000  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation       .....  62,367  00 

19.  For  construction  of  county  buildings  and/or  pur- 

chase of  land 10,000  00 

20.  For  county  aid  to  agriculture,  maintenance  and 

operation  .         .  49,155  00 

24.  For  non-contributory  pensions    ....  2,586  08 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  16,770  23 

26.  For  miscellaneous  and  contingent  expenses  .  .  2,100  00 

27.  For  unpaid  bills  of  previous  years  .  1,000  00 

28.  For  reserve  fimd 10,000  00 

29.  For  police  training  school  .....  9,580  00 

30.  For  post-war  rehabilitation  fund  .  20,000  00 

31.  For  forest  fire  control 5,800  00 

33a.  For  National  Convention  of  County  OflScials  in 

1953 275  00 

And  the  county  commissioners  of  Plymouth  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be  ex- 
pended, together  with  the  cash  balance  on  hand 
and  the  receipts  from  other  sources,  for  the 
above  purposes      ......       $965,040  06 


Worcester  Cotjntt. 

1.     For  interest  on  county  debt 

3.  For  county  commissioners,  salaries  and  expenses 

4.  For  transportation  and  expenses  of  coimty  and 

acting  commissioners      .... 

5.  For  clerk  of  courts,  salaries  and  expenses 

6.  For  county  treasurer,  salaries  and  expenses 

7.  For  sheriff,  salary  and  expenses 

8.  For  registries  of  deeds  and  probate,  salaries  and 

expenses        .  .  .  . '        . 

9.  For  law  libraries,  salaries  and  expenses 
10.     For  highways,  including  state  highways,  bridges 

and  land  damages  .... 

12.     For  criminal  costs  in  superior  court 


$5,000  00 
27,460  00 

3,800  00 
79,150  00 
28,800  00 

8,500  00 

256,280  00 
24,450  00 

430,350  00 
112,700  00 


292 


Acts,  1952. —  Chap.  360. 


Item 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and  land   courts,    including  auditors, 
masters  and  referees       ..... 

14.  For  district  courts  and  trial  justices,  salaries  and 

expenses        ....... 

15.  For  medical  examiners  and  commitments  of  insane 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation         ..... 

17.  For  training  school    ..... 

18.  For  court  houses  and  registry  buildings,  mainte 

nance  and  operation  .... 
20.     For  county  aid  to  agriculture,  maintenance  and 

operation       ...... 

21a.  For  state  reservation,  maintenance  and  operation 

Mount  Wachusett  .... 

21b.  For  state  reservation,  Purgatory  Chasm 

23.  For  preventorium,  health  service 

24.  For  non-contributory  pensions    . 

25.  For  contributory  retirement  systems  and  super 

visory  expenses      ..... 

26.  For  miscellaneous  and  contingent  expenses  . 

27.  For  unpaid  bills  of  previous  years 

28.  For  reserve  fund        ..... 

33a.  For  National  Convention  of  County  Officials  in 
1953 

And  the  county  commissioners  of  Worcester 
coimty  are  hereby  authorized  to  levy  as  the 
county  tax  of  said  county  for  the  current  year, 
in  the  manner  provided  by  law,  the  following 
sum  to  be  expended,  together  with  the  cash 
balance  on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes 


$125,500  00 

373,300  00 
43,000  00 

258,800  00 
71,250  00 

162,600  00 

82,000  00 

29,950  00 

12,200  00 

2,000  00 

30,804  10 

43,871  91 

17,300  00 

5,000  00 

10,000  00 

700  00 


$1,825,637  08 


Section  2.  No  expense  incurred  for  mid-day  meals  by 
county  employees,  other  than  those  who  receive  as  part 
of  their  compensation  a  non-cash  allowance  in  the  form  of 
full  or  complete  boarding  and  housing,  and  those  employees 
who  are  stationed  beyond  commuting  distance  from  their 
homes  for  a  period  of  more  than  twenty-four  hours,  shall  be 
allowed  by  any  county;  provided,  that  officers  or  employees 
who  have  charge  of  jur